Selling a loved one’s home after they’ve passed is a significant undertaking. In addition to the personal and emotional aspects, there are new legal and logistical considerations, such as the probate process.
Probate is an essential step in selling a home on behalf of a family member, but it’s also incredibly intricate. Adding to this complexity, the process of applying for and eventually being granted probate can take time.
So, how long does probate take in Ontario? Keep reading to find out.
What is Probate?
Before discussing some of the more nuanced details, let’s first talk about what probate is and why it’s important.
Upon a person’s passing, they typically leave behind a number of personal belongings. These possessions, collectively known as the “estate,” can range from small, sentimental items to more substantial assets such as a home or vehicle.
Probate is the process of applying for and receiving permission to manage someone’s estate after they’ve passed away. In real estate, probate typically comes up when a homeowner passes away, and a trusted individual (usually a family member) takes on the responsibility of selling their property.
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When is Probate Required in Ontario?
In terms of managing someone’s estate after they’ve died, probate is almost always required. Even if the deceased has already named someone as their estate executor or trustee in the Will, that person will still need to apply for probate in order to have that designation confirmed.
Keep in mind that if you’re selling someone’s home after they’ve died, you won’t be able to complete the sale until probate is wrapped up.
While rare, there are a few select instances where probate is not required. For example, if someone passes away with a very small number of assets or belongings to their name, the Court may determine that the formal appointment of an executor is not necessary.
In some cases, the probate process may apply, but not for the home. The most common example of this is when a homeowner is survived by their spouse. In this case, any shared assets (like the house) won’t be part of the estate. If the living spouse chooses to sell the property, they can do so without probate.
Do You Need Probate or Power of Attorney?
In the context of real estate – more specifically, selling a family member’s home on their behalf, probate is often confused with power of attorney. While both processes can grant you the legal right to sell a loved one’s home, they apply to very different circumstances.
Put simply, if the homeowner is still alive but unable to independently sell their house due to health reasons or other unforeseen challenges, you will require power of attorney. If they have passed away, you will require probate.
How to Apply For Probate
In Ontario, the process of applying for probate is quite simple.
First, you need to gather all the necessary documentation, including the original Will and death certificate. After that, you’ll fill out several forms, such as Form 74A (the Application for a Certificate of Appointment of Estate Trustee).
You’ll also need a signed affidavit confirming that you’ve notified all beneficiaries about your intent to apply for probate. Finally, you’ll submit your probate application to the Court and pay the Estate Administration Tax.
How Long Will the Probate Process Take?
Probate is not an overnight process – especially in Ontario. While every application and situation is different, it’s not uncommon for probate to take several weeks (or even months) to be processed.
With that in mind, it’s best to apply for probate as soon as possible. This is particularly important if you’re looking to sell part of the estate in the near future.
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What Happens After Probate is Granted
Once probate has been granted, you (or whoever has been named as an executor or trustee) can formally begin managing the estate.
If this includes selling a house, the first step you should take after probate is finding a knowledgeable real estate agent who can guide you through the process – like me!
With more than 30 years of experience selling homes in Oakville and the surrounding GTA, I can help you get a great result from the sale of your loved one’s home, while keeping the process as stress-free as possible.
Need help selling a loved one’s home? Get in touch at stacey@staceyrobinson.com or call 905-346-8188.
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I’m here to guide your real estate venture with an education to empower you. Let’s chat about what your needs, and I’ll tell you how I can help you meet them.
