Probate When the Estate Is Only Real Estate (Canada)
A parent dies leaving one real asset: the house. No big portfolio, no business — just the home the family grew up in. The adult children assume that, with such a simple estate, they can avoid the court process. Real estate is precisely the asset that defeats that assumption. A home in the deceased's sole name almost always drags the estate into probate, because no one can transfer or sell it without the court's grant.
This guide explains why real estate forces probate, how joint ownership changes that, what the fee looks like, and how selling works while the grant is pending. It is general information for the common-law provinces and territories, not advice on your estate.
Why real estate forces probate
Land is registered, and the registry will not simply take an executor's word that they are entitled to deal with it. To transfer title to beneficiaries, or to sell to a buyer, the executor generally must produce a grant of probate confirming their authority.[1] Banks may release a modest account without probate; a land registry and a buyer's lawyer generally will not touch real estate without it. That is why an estate consisting only of a home is usually a probate estate, even when everything else about it is simple.
Joint ownership is the main exception
How the property was held matters enormously:
- Joint tenancy with right of survivorship. The deceased's interest generally passes automatically to the surviving joint owner, outside the estate and without probate. A home owned jointly by spouses typically transfers to the survivor this way.
- Tenancy in common. The deceased's share passes through their estate under the will or intestacy, and generally requires probate to deal with that share.
- Sole ownership. Almost always requires probate.
Note that adding someone as a joint owner purely to avoid probate carries its own risks and may not achieve what people expect — see joint accounts and the Pecore presumption, the logic of which extends to gratuitous transfers of property.
The fee on the property
Because probate fees are based on estate value, a single valuable property can generate a meaningful fee. Ontario charges about 1.5% on value above $50,000, British Columbia about 1.4% above $50,000, and Alberta a flat fee capped at $525.[2] Whether an outstanding mortgage reduces the value used to calculate the fee varies by province, so confirm the local rule. Estimate the amount with our probate fee calculator.
Selling the home while probate is pending
An executor generally cannot close a sale until the grant issues, because the buyer needs clear title from someone with proven authority. In practice, executors often list the property and may accept a conditional offer before the grant, then complete once probate is granted; see selling a home during probate. Throughout, the estate is responsible for the property — mortgage, taxes, insurance, and upkeep are paid from estate funds, and the executor should ensure the home is properly insured, which may require vacant-property coverage. These carrying costs are a steady drain, so moving the probate application along promptly is in everyone's interest.
When a small-estate process applies
If the estate's value falls under the province's small-estate threshold — Ontario's Small Estate Certificate covers estates of $150,000 or less[3] — a simpler process may be available. A typical home, however, often exceeds those thresholds, so the regular probate application is usually what an estate built around real estate will need.
What we focus on at It's Simple Will
The Will Creator helps you leave a clear will naming an executor and saying who gets the home, which keeps the probate that real estate usually requires as smooth as possible. For the province-by-province executor process, see our complete Ontario executor guide and its BC and Alberta companions.
Related guides
Citations & sources
- [1]Apply for probate of an estate (Ontario) — Government of Ontario
- [2]Estate Administration Tax (Ontario) — Government of Ontario
- [3]Small Estate Certificates (Ontario) — Government of Ontario
Frequently asked questions
Do I need probate if the only asset is a house?
Usually yes, if the home was in the deceased's sole name. Land registries and buyers' lawyers generally require a grant of probate before title can be transferred or the property sold. Real estate is the asset most likely to force probate, even on an otherwise simple estate.
What if the home was jointly owned?
If it was held in joint tenancy with a right of survivorship, it generally passes directly to the surviving joint owner outside the estate and without probate. If it was held as tenants in common, the deceased's share passes through their estate and typically requires probate.
How much is the probate fee on a house?
It depends on the province and the property's value, since fees are based on estate value. In Ontario that is about 1.5% of value over $50,000; in BC about 1.4% over $50,000; in Alberta a flat fee capped at $525. Mortgages may reduce the value used in some provinces — confirm locally. Estimate with a probate calculator.
Can I sell the home before probate is granted?
Generally the sale cannot close until the grant issues, because the buyer needs clear title from someone with authority. You can often list and even accept a conditional offer earlier, but completion usually waits for probate. Meanwhile the estate must keep the property insured and maintained.
Who pays the carrying costs while probate is pending?
The estate does — mortgage, property tax, insurance, and upkeep are paid from estate funds, and the executor should keep the home insured (vacant-property coverage may be needed). These costs are a reason not to let probate drag, since they erode what beneficiaries ultimately receive.
Does a small-estate process help?
Sometimes, if the value is under the province's threshold — Ontario's Small Estate Certificate covers estates of $150,000 or less. But a typical home often exceeds small-estate limits, so the regular probate application is usually required when real estate is the main asset.