Probate in Canada: A Plain-Language Guide for Selling an Estate Property
What probate is, how long it takes in each province, what executors can and can't do before the grant, and how to sell an estate property with the least friction.
Probate is the court process that confirms a will is valid and gives the executor legal authority to deal with the estate — including selling real estate.
When probate is required
If the home was owned solely by the deceased (or as tenants-in-common), you'll almost always need probate before title can transfer. Jointly-held homes with right of survivorship generally pass outside the estate.
Timelines by province (typical)
- Ontario: 2–8 months for a Certificate of Appointment, depending on the court
- British Columbia: 3–6 months, plus a mandatory 21-day notice period
- Alberta: 2–4 months for a Grant of Probate
- Nova Scotia: 2–6 months
Can you sell before probate is granted?
You can list and even accept a conditional offer, but closing must wait for the grant. Experienced direct buyers will sign now and set closing 'X days after grant of probate' — locking in your price while the court process runs.
Executor tips
- Secure and insure the property immediately (vacant-home insurance).
- Get a written valuation at date of death for tax purposes.
- Keep beneficiaries informed in writing.
- Don't fund major renovations from your own pocket — sell as-is or use estate funds with beneficiary agreement.
Frequently asked questions
How much does probate cost?
Probate fees (estate administration tax) vary by province — roughly 1.5% of estate value in Ontario, 1.4% in BC over $50,000, flat tiered fees in Alberta, and a percentage-based scale in Nova Scotia — plus legal fees.
Can one executor sell without the others agreeing?
No. Co-executors must act unanimously unless the will says otherwise. Disagreements should be resolved before listing or accepting an offer.