Unfortunately, not all homeowners will be able to sell their property on their own. This could be for several reasons, however, the two most common are death and illnesses. In these instances, there’s typically a family member or loved one who steps up to help sell the home on their behalf.

That being said, if you are selling a family member’s home for them, you can’t simply call up a real estate agent and get the house on the market – at least not legally. In Ontario, you need formal permission from the provincial government in order to sell someone else’s property, even if you’re directly related to them. Usually, this means applying for probate.

What is Probate?

When someone passes away, the house (assuming there’s no co-owner still living there) becomes part of their estate. The person(s) who is in charge of the deceased’s estate is called the executor. Probate is the process of requesting or confirming executorship through the provincial court.

When is Probate Required?

In Ontario, there are certain laws in place that control how an estate can be managed and delegated. For example, only an executor can legally sell someone’s house after they’ve died. So, if you’re looking to do that, you’ll need to go through the probate process.

Keep in mind that probate is still necessary even if you’ve been named as the executor in the will.

Searching for more advice related to selling a loved one’s home? Check out these related blogs next. 

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What About POA?

Probate grants you the authority to sell your family member’s house after they’ve passed away, but what if they’re still alive and unable to sell for one reason or another? In this case, you’ll need something called Power of Attorney aka POA.

POA is a different type of legal designation that allows you to make binding decisions on someone else’s behalf – in this case, the homeowner.

The silver lining is that getting power of attorney is relatively uncomplicated and usually much quicker than going through probate. Nine times out of ten, it’s as simple as filling out a few forms.

Who Can Apply for Probate?

One of the most important parts of probate is choosing who will apply.

If the homeowner has already named an executor in their will, that person will usually be the one who applies for probate. However, they can also tap someone else to step up if they’re unable to take on executor duties.

If the homeowner didn’t name an executor, someone close to them can volunteer to apply. This could be a sibling, one of their adult children, or even a close friend. In the rare cases when there is no will and probate applicants, the provincial government will appoint an executor on behalf of the deceased.

How to Apply For Probate in Ontario

Once you’ve decided who will step up and take on the probate process, it’s time to get the ball rolling on preparing the application. This means gathering the essential documents, making a list of assets, and connecting with the homeowner’s legal and financial counsel.

Preparing your application may sound simple on paper, but it can take time. You may spend a couple of weeks to a couple of months getting your ducks in a row. That said, the actual review and approval process can also be lengthy so it’s a good idea to be as efficient as possible when it comes to preparing your application.

Probate Timeline

As far as the nitty gritty parts of probate go, things can get pretty intricate. However, from a high level, the actual process can be broken down into a few big steps.

1 – Fill out the paperwork

2 – Notify beneficiaries and anyone else who needs to know

3 – Submit your probate application to the Court

4 – Pay the fee (Estate Administration Tax)

Eager to learn more about the home selling process? Explore these related blogs. 

• Can I Hire a Toronto Realtor® in Durham Region?
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What Else Should You Know About Selling a Loved One’s Home?

When it comes to selling someone’s home after they’ve passed away, probate is just the beginning. From cleaning out the house and managing belongings to getting it sold and navigating emotions, it’s no small process. However, with the right help from a compassionate and knowledgeable professional (i.e. a real estate agent), you can make it through the journey with as little stress as possible.

That’s where we come in! No matter your reasons or circumstances for selling, Puckrin & Latreille can guide you toward a smooth, high-return sale. As a multi-generational real estate team, family plays a big role in how we sell homes. We’ll be here for you every step of the way.

Selling a loved one’s home? We can help! Call 905-985-7300 or send an email to hello@liveplayinvest.com to reach out.

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