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№ 22 Wills & Estates

Principal Residence Exemption When an Estate Sells the Home

The deceased's home is being sold and you are the executor. See how the principal residence exemption works at death, how gains after death are taxed, and next steps.

Wills & Estates4 min readTSLBy the Treadstone Law Team · OntarioUpdated October 28, 2026
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Key takeaways
  • At death the deceased is deemed to have sold each capital property at fair market value, and the home is no exception.
  • The representative must still designate the home as a principal residence on the final return using Form T1255, even when the whole gain is exempt.
  • The designation on the final return covers only years up to the date of death.
  • A gain on a later sale by the estate is reported on the estate's T3 return.

The deceased's home is often the largest asset in the estate, and the executor often needs to sell it. Then the question arises: will capital gains tax apply, and is the principal residence exemption still available?

The answer has two parts. One is what happens at the moment of death, which is reported on the final return. The other is what happens when the estate sells the home later, which is reported on the estate's T3 return. This article walks through both in general terms.

Two separate moments: death and the later sale

Immediately before death, the deceased is deemed to have sold each capital property at fair market value. That deemed sale is reported on the final return, even though no one has actually sold anything yet.

If the estate then sells the home, that is a second event. The gain is reported on line 1 of the estate's T3 return and is calculated on T3 Schedule 1. It is generally measured from the fair market value reported on the final return, and how disposition costs enter the calculation is worth confirming with an accountant.

EventWhere reportedHow the gain is generally measured
Deemed sale at deathFinal return (T1)Fair market value at death compared with the cost base
Actual sale by the estateEstate T3 returnSale price compared with the value reported on the final return, with disposition costs taken into account, on T3 Schedule 1

The exemption on the final return

The legal representative must still designate the home as a principal residence on the final return, using Form T1255 and Schedule 3, even when the whole gain is exempt. This is a step that is easy to forget when the home is the only significant asset.

The designation applies only to years up to the date of death. The basic formula for individuals under section 40(2)(b) of the Income Tax Act is the gain A, minus A multiplied by B/C, where B is the number of years designated (plus 1 if the person was resident in Canada in the year of acquisition) and C is the number of years owned.

If the deceased owned only one home and lived in it for all the years they owned it, the gain at death may be fully sheltered. If they owned a second property such as a cottage, the choice of which property to designate for which years requires careful calculation, and an accountant should do it.

Spouses and the rollover

If the home passes to a spouse or spousal trust under the rollover, the deemed disposition is not needed. Under section 70(6), property passing to a Canadian-resident spouse or common-law partner, or to a qualifying spousal trust, is deemed disposed of at adjusted cost base, and the property must vest indefeasibly within 36 months of death. The representative can elect out of that rule.

What happens to the gain after death

The estate's own period of ownership is a separate question. The designation made on the final return covers only years up to the date of death. Trusts and estates are dealt with under separate rules rather than the individual formula.

Whether and how an estate can claim the principal residence exemption for the time it owns the home depends on your situation. This should be confirmed with an accountant before you assume that any gain on the estate's sale is tax free.

What to do next

Frequently asked questions

Does the principal residence exemption apply when the owner has died?

The representative designates the home on the final return using Form T1255 and Schedule 3, even if the whole gain is exempt. The designation covers only years up to the date of death.

Where is the gain reported when the estate sells the house?

On line 1 of the estate's T3 return, calculated on T3 Schedule 1. It is generally measured from the fair market value reported on the final return, and an accountant can confirm how disposition costs are treated.

What if the house goes to the surviving spouse?

If the home passes to a spouse or spousal trust under the rollover, the deemed disposition is not needed. The property is deemed disposed of at adjusted cost base and must vest indefeasibly within 36 months of death.

Can the estate claim the exemption for the time it owns the home?

That depends on the facts and on separate rules that apply to trusts rather than the individual formula. Confirm it with an accountant before you rely on it.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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