If you are selling an estate property in Toronto or the GTA, having a clear plan can make the decisions more manageable. That starts with confirming who can act for the estate, then working out what the property needs and when a sale can realistically close.

This guide explains the questions to work through before you list, how to approach pricing and preparation, and where your lawyer and accountant need to be involved.

Where should you start when selling a home after a death?

Start with the paperwork and the immediate needs of the property. You do not need to choose a listing date during the first conversation.

Gather the will, available ownership documents, mortgage information and recent property bills. If the home is a condo, add the management company’s contact information. Keep any lease documents if someone rents the property.

An estate lawyer can review who has authority to make decisions. At the same time, contact the insurer to explain that the owner has passed away and whether anyone still lives in the home. Ask what coverage and inspection requirements apply now.

It also helps to choose one family contact for day to day communication. That person can keep information moving between the professionals and the family, while legal decisions remain with the people authorized to make them.

Who can sell an estate property in Ontario?

In Ontario, the estate trustee administers the estate. You may also hear this person called the executor.

Being a beneficiary or the deceased person’s child does not, by itself, give someone authority to sign a listing or sale agreement. Have the estate’s lawyer confirm who must sign, particularly when more than one trustee is involved.

If there is no will, the court appointment process needs to be addressed. Family members should not assume that agreeing among themselves is enough to establish signing authority.

Ontario explains the appointment process in its guide to applying for probate.

Do you need probate to sell a house in Toronto?

Often, yes. Probate confirms or grants an estate trustee’s authority through a court certificate. Ontario says estates involving real property normally require probate, although exceptions exist.

Ownership with a right of survivorship can affect the answer. Your lawyer should review the title and the estate’s circumstances before you plan around an exemption.

Can you list or accept an offer before probate?

Do not assume you can. Ontario’s published guidance says the estate certificate should be obtained before entering an Agreement of Purchase and Sale. Ask your lawyer whether earlier marketing or an agreement is appropriate for this particular estate, and what protections would be necessary.

How long will probate take?

Get a current estimate from the lawyer handling the application. Court workload, missing documents and disputes can affect timing. Avoid promising a buyer a closing date based on a general estimate found online.

Build a budget before deciding when to sell

A property can keep costing money while the estate is being settled. Prepare a monthly budget using the actual bills.

Include the mortgage, property taxes, insurance, utilities and any condo fees. Add maintenance, snow removal or lawn care where needed. Separately list possible selling expenses, including legal fees, commission, cleaning, appraisals and approved repairs.

Some expenses may need to be paid before closing. Confirm how those payments will be funded and recorded, especially if a family member is considering advancing money.

For illustration, a home costing $2,400 a month to carry will cost $9,600 over four additional months, before any unexpected repairs. Those numbers are not an estimate for your property. They show why timing belongs in the financial discussion.

Waiting may still be the right decision. You simply want to understand what that decision costs.

How do you price an inherited house or condo?

There are two valuation dates that may matter, and they serve different purposes.

The value when the owner passed away may be needed for estate administration and tax reporting. Ask the lawyer and accountant what supporting evidence they require and whether an independent retrospective appraisal is appropriate.

The value in today’s market helps guide the asking price. It should reflect recent comparable sales, the home’s condition and the alternatives available to buyers now.

An older valuation may no longer reflect what buyers will pay. An active listing nearby is also only an asking price, not evidence that someone has paid that amount.

For a Toronto condo, useful comparisons consider the building, layout, floor, view, parking and maintenance fees. For a house, lot size, location, condition and usable space can make a substantial difference.

My approach to pricing is to make the reasoning clear. The family should understand which sales are relevant, what adjustments matter and how the proposed asking price fits the current competition.

Keep that analysis with the estate’s records, along with offers and the reasons behind major pricing decisions.

Should you renovate before selling an estate property?

A dated home does not automatically need a renovation before it can sell.

Before approving any work, ask: How much will this cost, how long will it take, and what is the likely benefit to the sale?

Deep cleaning and removing excess belongings may make the property easier to photograph and show. Small repairs may also be worthwhile where visible damage creates uncertainty for buyers.

A major kitchen or bathroom renovation needs a more careful calculation. Include the extra carrying costs, possible delays and the risk that buyers would have chosen different finishes.

Compare a realistic sale in the home’s present condition with a sale after the proposed work. The family needs to see the likely proceeds after expenses, rather than focusing only on a higher potential sale price.

For leaks, electrical concerns or structural issues, get the appropriate professional assessment. Your lawyer should advise on disclosure and contract wording.

What about furniture and personal belongings?

Before booking removal services, ask the trustee to confirm how belongings should be handled under the estate plan. Photograph items that may need further discussion and set aside important documents.

Arrange specialist advice for potentially valuable pieces before deciding what to sell or dispose of. Then establish a practical schedule for collection, storage or removal.

If several relatives are involved, write down decisions. A short record can prevent confusion about what was agreed and who was responsible for it.

Looking after an empty estate property

An empty house needs an assigned caretaker, even if it will soon be listed.

Ask the insurer to confirm the policy’s vacancy or unoccupancy conditions in writing. Do not rely on a blanket assumption that every policy provides the same coverage for a fixed number of days.

Record who has keys, who will inspect the home and how visits will be documented. Arrange maintenance and discuss winter precautions with the insurer and a qualified contractor. Heating and plumbing decisions need to suit the building.

For a condo, ask management about access procedures, emergency contacts and any work scheduled inside the unit. Confirm the unit’s own insurance requirements as well.

What changes when the estate property is a condo?

Alongside the estate paperwork, buyers will want to understand the condominium corporation and the unit’s ongoing costs.

Gather current fee information and arrange a status certificate at the appropriate point in the sale process. Confirm the legal details of parking and any locker rather than relying on old advertisements or family recollection.

Ask about known special assessments, notices and work affecting the unit. The buyer’s lawyer can then review the condominium documents as part of the purchase.

Preparation also needs to fit the building’s rules. Elevator reservations, loading access and permitted moving hours can affect when furniture removal or staging can happen.

Can you sell an estate property with tenants?

A rental property can be sold, but a sale is not, on its own, a reason to remove a tenant. Do not promise vacant possession without legal advice about whether and how it can be delivered.

Have the lease and occupancy circumstances reviewed early. Purchaser occupancy rules have specific requirements, and a notice does not guarantee that the unit will be vacant by the planned closing date. Consult the current Landlord and Tenant Board guidance.

From a pricing perspective, compare the property with other sales that have similar occupancy conditions. A tenanted property and an otherwise similar vacant property may appeal to different buyers. Avoid applying a fixed percentage discount without looking at the actual evidence.

If a family member occupies the home, have the lawyer review that arrangement too.

What taxes apply when an estate sells a home?

The answer depends on ownership, the property’s use and the estate’s circumstances. Ask an accountant to review the position before treating the expected sale proceeds as money available for distribution.

Ontario Estate Administration Tax

For applicable estate certificate applications, the first $50,000 of estate value is exempt. Above that amount, the tax is $15 for every $1,000, or part of $1,000.

If the estate value subject to this calculation were exactly $1 million, the tax would be $14,250. That does not mean every $1 million home produces the same bill. The estate’s reportable assets and permitted deductions need to be determined.

An Estate Information Return is generally due within 180 calendar days after the certificate is issued, subject to the province’s exceptions. See Ontario’s Estate Administration Tax guidance.

Capital gains and the principal residence exemption

Death generally triggers a deemed disposition at fair market value, although exceptions can apply, including qualifying transfers to a spouse.

The principal residence exemption may shelter some or all of the gain up to death. Reporting requirements can still apply.

When the estate later sells, a subsequent increase in value may create a separate gain. CRA generally calculates that gain using the sale price compared with the reported value at death, accounting for eligible selling costs. See CRA’s guidance on property and capital gains after death.

Rental use or a beneficiary outside Canada deserves specific tax advice. Give the accountant the full history before relying on an estimate.

Reviewing offers and choosing a closing date

The highest price deserves attention, but it is only part of the decision.

Compare the deposit, buyer conditions and proposed closing date. Review what the estate is being asked to promise about the property, including appliances, repairs and possession.

If the estate’s lawyer approves an agreement while a court process is outstanding, the contract needs to address that uncertainty. The lawyer should review any extension rights, deadlines and termination provisions before the estate commits.

For each serious offer, prepare a comparison of the expected proceeds and the obligations attached to it. That makes it easier to explain why one offer may be more suitable than another.

Does selling “as is” remove every responsibility?

No. The effect depends on the contract and the circumstances. Have the lawyer review the wording and any known issues. Avoid statements about the home’s condition that the trustee cannot verify.

Should you consider a private cash offer?

It can be considered, but evaluate it against a supported estimate of market value and the estate’s needs. Work out what convenience or certainty is actually being offered, and what the estate would give up in return.

A proposed sale to a trustee or relative needs legal review for potential conflicts before terms are agreed.

What happens to the money after closing?

Closing the property sale does not necessarily mean the estate is ready to distribute all of the proceeds.

The trustee needs advice about outstanding obligations and an appropriate reserve. CRA warns that distributing assets without a clearance certificate can expose the legal representative to personal liability for unpaid tax, up to the value distributed.

CRA says to request the certificate after the required returns have been assessed and relevant amounts have been paid or secured. See its clearance certificate guidance.

Can you use a power of attorney after someone passes away?

No. In Ontario, a continuing power of attorney for property ends when the person who granted it passes away. The estate authority then needs to be addressed.

If your parent is alive and you are helping them sell, that is a different situation. A lawyer should review the power of attorney and its scope before you sign anything on their behalf. See the Substitute Decisions Act, section 12.

Selling an estate home when you live outside Toronto

Distance makes clear communication especially useful. Before hiring anyone, agree on who will approve expenses and how the property will be accessed.

Ask for written quotes and photographs of completed work. Keep invoices together. Plan for the lawyer’s identification and signing requirements early, particularly if you are outside Canada.

You should be able to see what is happening without having to chase several people for the same update.

Talk to Ilan Portnoi about selling an estate property

You may be ready to sell, or you may still be figuring out what the family needs to do first.

At The Portnoi Team, we can help you understand the property’s current market position and discuss a practical selling plan for a home in Toronto or the GTA. We can work with the estate’s lawyer on the real estate timeline so the proposed sale fits the estate’s circumstances.

Before spending money on renovations or committing to an offer, let’s look at the property and talk through your options.

Contact Ilan Portnoi and The Portnoi Team to discuss your estate property sale.

This article provides general information. Legal and tax requirements depend on the estate. Obtain advice from the estate’s lawyer and accountant before entering agreements or distributing assets.