Selling a home after someone dies is not simply a regular real estate transaction with additional paperwork. It can involve legal authority, court processes, tax reporting, property maintenance and family decisions, often while everyone is managing a loss.
The best starting point is not choosing a listing date. It is understanding who can act, what the estate owns and what needs to happen before a sale can proceed.
For Ottawa families and estate trustees, here is a practical guide to the process, including where a real estate professional can help and where your lawyer or accountant needs to lead.
1. Confirm who has authority to act
In Ontario, the person responsible for administering an estate is called the estate trustee, often referred to as the executor.
Being a beneficiary, the oldest child or the family member handling arrangements does not, by itself, establish authority to sell the home. If there is no will, someone generally needs to apply to the court for authority to administer the estate. Ontario estate administration guidance
A power of attorney is also not a substitute. Its authority ends when the person who granted it dies. Government of Canada guidance
Before signing listing or sale documents, have the estate’s lawyer review:
The will and any amendments.
Who is entitled to act, including whether multiple trustees are involved.
The registered ownership of the property.
Any restrictions, competing claims or required consents.
My practical advice: Establish the authorized decision-makers and communication process early. Family members can contribute information without everyone becoming a separate source of instructions.
2. Understand probate before committing to a sale
Probate is the court process used to establish an estate trustee’s authority and, where applicable, validate the will. In Ontario, the resulting document is commonly a Certificate of Appointment of Estate Trustee.
Not every estate requires probate. The ownership structure, assets and circumstances matter.
However, Ontario’s public guidance specifically says that where the deceased’s real property must be sold, an estate certificate should be obtained before anyone enters into an Agreement of Purchase and Sale. Do not assume a probate condition or a distant closing date resolves every issue. Have the estate’s lawyer confirm the permitted approach before accepting an offer. Ontario probate guidance
Joint ownership also needs review. Joint tenancy and tenancy in common can produce different outcomes, and the names on title may not resolve every beneficial-ownership question.
My practical advice: We can discuss market conditions and preparation while legal work progresses. The listing and offer strategy should follow the lawyer’s advice, not force the legal process to fit a marketing deadline.
3. Protect the property while the estate is being organized
An empty home still needs insurance, heat, maintenance and oversight.
Notify the insurer about the death and the property’s actual occupancy. Ask whether coverage changes, whether a vacancy permit or endorsement is needed, and what inspection requirements apply. Obtain clear instructions rather than assuming the existing policy continues unchanged.
Prepare a carrying-cost budget covering mortgage payments, property taxes, insurance, utilities, condominium fees where applicable, and maintenance. Securing and insuring the property while keeping necessary payments current are important parts of estate-sale preparation. Estate-property guidance from Treadstone Law
For an Ottawa property heading into winter, assign responsibility for heating checks, snow removal, accessible entrances and water-related concerns.
Keep a dated inspection log, receipts and photographs. A smart thermostat or leak sensor can support monitoring, but should not be treated as a replacement for an insurer’s required inspections.
4. Separate the date-of-death value from today’s asking price
An estate may need a retrospective valuation as of the owner’s death and a current market assessment for selling. These answer different questions.
Ontario’s Estate Administration Tax guidance uses date-of-death values, not whatever price the property later achieves. Ask the estate’s lawyer and accountant what valuation evidence they require, including whether to commission an independent appraisal.
A real estate market analysis can help establish a listing strategy. It should not automatically be treated as a substitute for an appraisal required for estate or tax purposes.
For Ontario estate-certificate applications under the current rules:
The first $50,000 of estate value is exempt from Estate Administration Tax.
Above that threshold, the tax is $15 per $1,000, or part thereof.
An Estate Information Return is generally due within 180 calendar days after the certificate is issued.
For illustration, an estate valued at $750,000 for this tax calculation would generate $10,500 of Estate Administration Tax. That is not a calculation based solely on the home’s sale price. Eligible assets, exclusions and permitted deductions must be established first. Ontario Estate Administration Tax guidance
5. Do not confuse probate tax with income tax
Estate Administration Tax and income tax are separate obligations.
For income-tax purposes, a person is generally considered to have disposed of capital property at fair market value immediately before death. Exceptions can apply, including qualifying transfers to a spouse or common-law partner.
A principal-residence exemption may shelter some or all of a gain, but “it was the family home” is not enough to establish the tax treatment or eliminate reporting requirements. Rental use and ownership history can matter. CRA guidance on property and capital gains at death
Ask the accountant to distinguish the deceased’s final return from any estate returns required for the period after death. An estate earning income or distributing property may need a T3 return. CRA guide to doing taxes for someone who died
My practical advice: Bring the accountant into the conversation before deciding whether to sell, hold or transfer the property. The highest prospective sale price is not the only consideration.
6. Prepare the home without creating unnecessary expense
Before ordering renovations or clearing the house, agree on a written plan.
Start by securing documents, valuables and personal information. Photograph the property and its contents. Give the trustee time to resolve which belongings can be removed, sold or distributed before contractors begin.
For the home itself, compare three options:
Selling in its current condition.
Completing cleaning, decluttering and essential repairs.
Undertaking selected improvements supported by the likely resale benefit.
A dated kitchen does not automatically justify a renovation. Equally, an active leak should not be treated as a staging problem.
My role is to help compare the property with its actual competition and weigh preparation costs against likely buyer response, carrying costs and timing. The aim is a defensible selling strategy, not the longest renovation list.
7. Treat “as is” as contract wording, not a disclosure exemption
Estate trustees may never have lived in the property. That makes careful fact-gathering especially important.
Do not guess about the age of equipment, the legality of renovations or whether a past water problem was permanently repaired. Distinguish what is documented, what someone has reported and what remains unknown.
Selling “as is” should not be treated as permission to conceal problems or avoid legally required disclosure. RECO warns that failing to disclose relevant latent defects, deliberately ignoring them or covering them up can create liability. Obtain legal advice where the disclosure obligation is uncertain. RECO disclosure guidance
Have the lawyer review estate-specific representations, warranties and contract terms. “The seller has never lived here” is useful context, not a complete risk-management strategy.
8. Check the Ottawa-specific details
Ottawa’s Vacant Unit Tax deserves attention when an estate home sits empty.
The City’s by-law provides a death-of-owner exemption where the qualifying vacancy results from the owner’s death. It applies to the occupancy year of death and may be claimed again for the immediately following occupancy year. It is not an indefinite exemption for every property held by an estate. Ottawa Vacant Unit Tax by-law
Make sure someone is responsible for the declaration and supporting information. Eligibility for an exemption does not mean the paperwork can be ignored. Ottawa property-status declaration guidance
Other property-specific questions should be raised early:
Condominium: Are fees current, and are there special assessments or relevant status-certificate issues?
Rural property: What records exist for the well, septic system, access and heating equipment?
Tenanted property: What tenancy obligations affect showings and closing? Obtain legal advice before promising vacant possession.
Family purchase: Does a proposed sale to a beneficiary require additional valuation, conflict-management or legal steps?
9. Closing the sale is not the same as finishing the estate
The sale proceeds are not automatically ready to divide among beneficiaries when the transaction closes.
The estate may still owe taxes, professional fees and other liabilities. A CRA clearance certificate is different from probate: it addresses specified tax liabilities before assets are distributed.
CRA warns that a legal representative who distributes assets without obtaining a clearance certificate can become personally liable for unpaid amounts, up to the value distributed. Coordinate any distributions and reserves with the estate’s lawyer and accountant. CRA clearance-certificate guidance
How I can help with the real estate side
My role is to help turn the property sale into a clear, manageable plan while your lawyer and accountant handle their respective responsibilities.
That can include assessing current Ottawa market conditions, comparing preparation options, developing a pricing and marketing strategy, coordinating the agreed sale preparations, and evaluating offers on more than price alone.
Closing certainty, conditions, preparation costs and timing all deserve consideration.
The strongest estate-sale plan is one the trustee can explain: who authorized the decisions, what information supported the price, why particular work was undertaken, and how the transaction fits the estate’s legal and financial requirements.
If you are responsible for selling an estate home in Ottawa, contact Joel Marshall at Marshall & Company. We can start with the property, identify the practical next steps and coordinate the sale strategy with your professional advisers.
General information for Ontario estate-property sales, current as of November 2, 2026. This article is not legal, tax or insurance advice. Requirements depend on the estate, ownership structure and property.
