How does an estate transfer real estate to a beneficiary in Ontario?

To transfer real estate that was owned solely by the deceased in Ontario, the executor typically needs a Certificate of Appointment of Estate Trustee (probate certificate) to register a transfer of title at the Ontario land registry. Without this certificate, the land registry will not process the transfer.

Once the executor has the probate certificate, they can register a transmission — a document that acknowledges the executor's authority under the will and probate certificate — and then a transfer deed conveying the property to the named beneficiary or to a purchaser if the property is being sold.

The transfer must be prepared and registered by a lawyer who is a member of the Law Society of Ontario, as real estate conveyancing in Ontario is a restricted legal activity. The executor should also ensure any outstanding mortgage, liens, or property taxes are addressed before or at the time of the transfer. If the property is being transferred to a beneficiary rather than sold, no land transfer tax is payable in most cases, though specific rules apply.