Do I need probate to sell an inherited house in Ontario?

Usually yes. To transfer clear title to a buyer, you generally need the Certificate of Appointment of Estate Trustee (probate) — unless the home passed by right of survivorship (joint tenancy) or was held in a trust. A lawyer can confirm which applies to your title.

How long does probate take in Ontario?

Once a complete application is filed, the Ontario Superior Court of Justice typically issues the Certificate of Appointment within a few weeks to a few months. Complex, contested, or out-of-province estates take longer.

Can I keep the home and buy out my siblings?

Yes. Once you are appointed estate trustee and the estate is administered, a beneficiary can buy out the others — often financed by a mortgage on the inherited property. We coordinate the legal transfer and the financing.

Is there tax when I inherit a house in Ontario?

There is no separate Ontario inheritance tax. The estate pays Estate Administration Tax on probate, and the deceased’s final return may report a deemed disposition. A beneficiary’s cost base is generally the home’s fair market value at the date of death, so gains are measured from that point.

Am I personally liable as the executor?

You can be. An estate trustee who distributes the estate before its debts and taxes are addressed may be held personally responsible. A CRA clearance certificate and advertising for creditors are common steps that help limit your exposure.

Estates & Inherited Property · Ontario

Inherited a home? We handle the entire process — from probate to keeping or selling it.

Executor Services is the estates practice of Spingos Law, a licensed Ontario law firm. We manage the estate administration and probate, advise you on whether to keep or sell the property, and then coordinate the sale — or the financing if you keep it — under one roof.

Certificate of Appointment of Estate Trustee (probate), prepared and filed
Keep-or-sell advice — the legal picture and the numbers in one place
Then we handle it: the sale, or financing to buy out siblings

Executors can be personally responsible if an estate is distributed before its debts are addressed. A short, no-obligation conversation can lay out your options — and help protect you.

Prefer to talk now? Call 416-910-0601

Book a free consultation

A licensed Ontario lawyer will review your situation. No cost, no obligation.

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What we do

One firm, from estate administration to closing

The probate, the keep-or-sell decision, and the sale or financing that follows — coordinated for you, so nothing falls between the cracks at a difficult time.

Estate administration & probateWe prepare and file your Application for a Certificate of Appointment of Estate Trustee and guide you through Ontario probate and your executor duties — done properly, to limit your personal exposure. Keep or sell — we adviseWe help you weigh keeping the home versus selling it, with the legal picture and the numbers in one place, so the decision is informed rather than rushed. Then we handle itIf you sell, the property is listed through an affiliated real-estate brokerage; if you keep it, financing is arranged through a licensed mortgage brokerage — each coordinated with your legal file.

Why homeowners come to us first

The inherited home is usually the biggest decision in the estate

For most families, the house is the largest asset — and the one with the most moving parts: probate before it can be sold, an outstanding mortgage, siblings who disagree, and tax rules that turn on the date of death. Handling the legal administration and the property decision under one roof means the keep-or-sell call is made with the full picture, and the sale or financing is ready the moment the estate allows it.

Start here

Guides for executors and beneficiaries

Probate in Ontario: the executor's guideWhat the Certificate of Appointment is, what it costs, and how long it takes. Selling an inherited house in OntarioDo you need probate first? The steps, the timing, and the tax that applies. Executor duties & personal liabilityThe obligations, the risks, and how to protect yourself before distributing. Capital gains on inherited propertyThe deemed disposition, the principal-residence exemption, and your cost base.

Common questions

Do I need probate to sell an inherited house in Ontario?: Usually yes. To transfer clear title to a buyer, you generally need the Certificate of Appointment of Estate Trustee (probate) — unless the home passed by right of survivorship (joint tenancy) or was held in a trust. A lawyer can confirm which applies to your title.
How long does probate take in Ontario?: Once a complete application is filed, the Ontario Superior Court of Justice typically issues the Certificate of Appointment within a few weeks to a few months. Complex, contested, or out-of-province estates take longer.
Can I keep the home and buy out my siblings?: Yes. Once you are appointed estate trustee and the estate is administered, a beneficiary can buy out the others — often financed by a mortgage on the inherited property. We coordinate the legal transfer and the financing.
Is there tax when I inherit a house in Ontario?: There is no separate Ontario inheritance tax. The estate pays Estate Administration Tax on probate, and the deceased’s final return may report a deemed disposition. A beneficiary’s cost base is generally the home’s fair market value at the date of death, so gains are measured from that point.
Am I personally liable as the executor?: You can be. An estate trustee who distributes the estate before its debts and taxes are addressed may be held personally responsible. A CRA clearance certificate and advertising for creditors are common steps that help limit your exposure.

Executor Services is the estates practice of Spingos Law, licensed by the Law Society of Ontario, serving executors and families across Ontario from Scarborough. Guidance here is reviewed by our lawyer. General information for Ontario, not legal advice.