Who has authority to sell property from an estate with no will before a Certificate of Appointment is issued?

Before a Certificate of Appointment of Estate Trustee Without a Will is issued, no one has confirmed legal authority to sell real property that belonged to someone who died without a will. Ontario's intestacy rules determine who is entitled to apply to become the estate trustee, typically the closest relative under the statutory priority, but being entitled to apply isn't the same as having authority to act — that authority comes from the court's appointment, not simply from being next in line under intestacy.

In the meantime, family members can prepare for a future sale, such as arranging for the property to be secured, insured, and maintained, and can even work with a realtor informally, but a completed sale generally cannot close without the certificate, for the same reason a testate estate can't close without one: the land registry system and a buyer's lawyer need documented proof of who has authority over the deceased's property. Rushing ahead without it, such as one family member trying to arrange a sale on their own before being formally appointed, creates real legal risk. Anyone dealing with a loved one's estate that includes real property and no will should apply for the certificate promptly and avoid taking steps that assume authority before it's granted.