How does probate work when the estate includes real estate in Ontario?

An estate normally must be probated if the deceased owned real property in their own name. Land registry staff accept a certificate of appointment of estate trustee as proof of an estate trustee's authority to deal with a deceased owner's land.

There are exceptions. A surviving joint tenant takes the property by survivorship through a survivorship application under Land Titles Act s. 123, and no estate certificate is needed. Under Land Registration Bulletin 2000-6, a transmission can be registered without a certificate if the applicant states that none was applied for because the total estate value is not more than $50,000, with a covenant to indemnify the Land Titles Assurance Fund. That is an older bulletin, so confirm current land registry practice before relying on it.

Land value affects the Estate Administration Tax. Ontario real estate counts at its appraised value on the date of death, less mortgages or liens on it, and the tax is $15 for every $1,000 above $50,000. Real estate outside Ontario is not included. Whether you can sell or transfer a particular property depends on how it was owned, so confirm the details with a lawyer before listing it.