Selling an inherited home in Woodstock & Oxford County: an executor’s step-by-step

Probate: the Certificate of Appointment of Estate Trustee

What people still call “probate” is, in Ontario, a court Certificate of Appointment of Estate Trustee — the Superior Court’s confirmation that you have authority to act for the estate, including to sell real estate. In most cases a home cannot be transferred out of an estate without it, because the land registry office will not register the transfer without proof of your authority. You can usually list the property and even accept an offer before the certificate is granted, but the closing normally cannot complete until the court issues it, so the agreement should include a condition allowing time for that. For smaller estates valued at $150,000 or less, Ontario offers a simpler Small Estate Certificate.

The Estate Administration Tax

This provincial tax is paid when you apply for the certificate, calculated on the total value of the estate:

• No tax on the first $50,000 of the estate’s value.
• $15 for every $1,000 (or part of $1,000) above $50,000 — effectively 1.5% on the portion over $50,000.
• Example from the province: a $240,000 estate owes $2,850.

After the certificate is issued, you must file an Estate Information Return with the Ministry of Finance within 180 days — even if the tax is zero.

The step-by-step to selling

• Obtain certified copies of the death certificate — you will need them at almost every step.
• Locate the will and confirm you are named estate trustee.
• Apply for the Certificate of Appointment (or Small Estate Certificate) if probate is required to sell — start early, as it takes time.
• Secure and insure the vacant property: tell the insurer it is now unoccupied, keep the heat on, arrange snow and lawn care, and check on it.
• Get a date-of-death valuation from a qualified appraiser — it supports the estate’s tax filing and gives every beneficiary a neutral baseline.
• Clear and clean the home, giving family time with sentimental items first.
• List and sell — remembering the sale generally cannot close before the certificate is granted if probate is required.

The tax picture

Canada has no inheritance tax — beneficiaries do not pay tax simply for receiving an inheritance. Instead, the tax happens at the estate level: the person who died is treated as having sold their property at fair market value just before death, and any gain is reported on their final return. If the home was their principal residence, some or all of that gain may be exempt. Beneficiaries generally inherit the home at its date-of-death value, so if it rises in value between the date of death and the sale, the estate or beneficiaries may owe capital gains tax on that further increase — which is exactly why the date-of-death appraisal matters. Treat every point here as “confirm with the estate’s accountant or lawyer.”

When siblings inherit together

When a home passes to more than one person, decisions become shared decisions. Agree early on the goal — sell and split the proceeds, or have one person buy the others out. Lean on the neutral date-of-death appraisal: a single, independent valuation removes the “I think it’s worth more or less” tension and gives everyone the same honest number. Fairness that everyone can see is the best protection for the relationships that outlast the house. On land transfer tax: beneficiaries generally do not pay it on an inheritance transfer, but the eventual buyer pays it on the sale in the normal way.