Who Can Sell the Property of a Relative Who has Passed Away?

If the name of the person on title to a property has passed away, a legal process must be undertaken, whereby the courts formally approve that the deceased’s Will is their valid last Will and confirm the authority of the person(s) named as the Estate Trustee in the deceased’s Will. This is referred to as Probate. If there is not a Will, the process may be more complicated. Consult a lawyer for more information.

One of the initial steps is for the property to be assigned a value by an Appraiser or a Realtor.

A property can be listed for sale and sold prior to the completion of Probate, however since a deceased person cannot hold title, title cannot be transferred to the Buyer. A clause would need to be included in the Agreement of Purchase and Sale stating that the Buyer agrees to extend the closing date until such time as Probate is complete.

In Ontario, it could take anywhere from 6 weeks to 6 months for Probate to be completed.

Once a Certificate of Appointment of Estate Trustee has been granted, the named Estate Trustee(s) can manage and distribute the assets of the Estate, including the sale of property.