One of the most common questions executors ask is whether they can sell estate property before probate. The short answer: you can prepare, but closing usually has to wait. Here is how it works.
Listing vs closing
You can generally list and market an estate property and even accept an offer before probate is granted — but transferring title to the buyer normally requires the Certificate of Appointment of Estate Trustee. Most sales are timed so probate is in hand by closing.
Why probate matters
Probate confirms your legal authority to deal with the estate’s assets. Buyers and their lawyers will want assurance that title can be conveyed cleanly, which is why probate is typically required before a sale completes.
How to keep the sale moving
Start the probate application early, get the property valued and prepared, and coordinate the listing timeline with your estate lawyer so marketing and probate run in parallel rather than one after the other.
Get the timing right
An experienced broker working alongside your estate lawyer can sequence the listing, offer and closing around the probate timeline so the estate is not left carrying the property longer than necessary.
How Gurpinder Gaheer can help: Probate & Estate Real Estate in Ontario · Book a free 30-minute consultation
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