Selling a Parent's Home in Toronto as an Executor: Probate, Valuations and Getting Ready to List

Estate sales are one of our specialties, and we handle many every year. Even so, many buyers, sellers, and newer agents in the Toronto market don't fully understand what an estate sale is or how the process works. If you've just been named executor of a parent's or loved one's home, start here.

I'm not a lawyer, and nothing here is legal advice. What follows is what I've learned from helping dozens of estates over more than 15 years. For anything legal, speak to a lawyer who specializes in estates and wills.

What Is an Estate Sale?

Toronto has a large and aging population, and estate sales are a regular part of our market. When someone passes away, their will usually spells out what should happen to their assets, and in Toronto that almost always includes direction about their real estate.

First, find the will and get legal advice. If there's no will, stop here and call an estate lawyer before doing anything else. That's a different process, and it needs a lawyer's guidance from the start.

Probate: Getting Your Certificate of Appointment

With the will, the death certificate, and an estate lawyer, you'll apply to the court for the certificate. That stamped document is what gives you legal authority to act for the estate and close a sale.

Timing varies a lot. It depends on the estate's complexity, the will's complexity, whether minors are named, and whether anyone challenges it. Sometimes the executor named in the will decades ago is estranged, can't be found, or has passed away, and the family has to ask the court to appoint someone else. That's a complicated process, but a skilled estate lawyer can make it much simpler.

One practical tip from my experience: applying through the online portal usually moves faster than filing on paper. No mail going back and forth, and nothing waiting to be opened.

Choose the Right Estate Lawyer

For probate, you want a lawyer who specializes in estates and wills, not real estate. Real estate lawyers come in later, when it's time to sell.

Many families default to the lawyer their parents used for years. That can work, but make sure the person you hire is competent, available, and able to give your file the attention it needs. I hear from time to time that the family lawyer is semi-retired and slow to respond, sometimes going a month without getting back to them. You're already dealing with grief, the house, bank accounts, investments, and maybe a pet or a car. You don't need tension with the person representing you. Choose the right lawyer from the start, because changing partway through the application isn't something you want to do.

Get a Letter of Opinion Valuing the Home at the Date of Death

One of the most common calls I get from executors is a request for a letter of opinion. It assigns a value to the property as of a specific date, usually the date of death, not the day we meet. Sometimes I'm meeting families three, six, or twelve months after their loved one has passed. Everyone moves at their own pace, and grief takes as long as it needs to.

Some estates use an appraiser; others use a letter of opinion. Your lawyer can tell you which is right for you. Either way, don't just get it and file it away. Make sure your lawyer has reviewed and approved it so it's ready if the CRA asks questions later.

Should You List Before Probate Comes Through?

Many executors call me wanting to list right away. You can do that. You can set a price, allow showings, and accept an offer. What you can't do is give the buyer a firm closing date. The offer will include language making the closing date conditional on the court issuing the certificate, because nobody knows how long that will take.

Now think about it as a buyer. Would you want a closing date that keeps moving? Most people wouldn't. The buyers who will accept that are a much smaller group, often people who haven't sold their own home yet or who aren't in a hurry. As executor, you want the home in front of as large a pool of buyers as possible.

In my professional opinion, it's far better to have probate in hand before listing. Every family is different, though, so get advice from both a realtor and your lawyer about what's right for the estate you're representing.

What to Do While You Wait for Probate

As executor, you have a fiduciary responsibility to the estate and its beneficiaries, which means doing your best to get the highest possible price. Part of that is making sure the home shows at its best when it's time to list.

Most of our clients start with the obvious: emptying the fridge and getting rid of garbage. From there, they sort belongings into piles for family, donation, and disposal. Some families make the tough decisions right away. Others organize everything and wait, so that once the certificate arrives, it's clear what goes to the dump, what gets donated, and what the beneficiaries will divide. If you're working through a lifetime of belongings, our downsizing timeline has practical guidance on pacing that works.

Keep the property maintained too. Cut the grass, keep the weeds down, and have a plan for snow clearing and salting in winter. The estate is still liable if someone slips and falls. Watch for water and pest problems, too. You want to do right by the person's home and take care of it responsibly.

Don't lose time while the application is in process, but don't rush into major decisions you aren't ready to make either. If it were me, I'd do all the organizing behind the scenes so that when the certificate came, I could sign the listing paperwork and get the home to market.

Keep an eye on the market, too. Conditions may have changed since you received your letter of opinion, and you may need to decide whether to list right away or wait a month. That's a conversation to have with your realtor and lawyer. If you want a current sense of value in the meantime, you can request a free home value estimate.

How to Choose a Realtor for an Estate Sale

Once probate comes through, you can officially act for the estate. This is when most executors either call the realtor they've already chosen or start interviewing. Don't just sign with the first person who comes to mind. Talk to several, and ask:

What services are you providing?

This is the question at the top of my list. Some teams help clear out the home, handle dump runs, donations, and auctions, and some donations may provide the estate with a charitable tax receipt. Ask about cleaning, staging, and access to trades like electricians and plumbers. A home that's sat empty for a year may need some attention before it goes to market.

What will this cost?

Ask what the commission is and what you get in return. The lowest commission isn't always the best deal. It may sound great until you've spent $10,000 having the contents removed. The full-service package matters most to the estate.

How much estate experience do you have?

An agent who has never handled an estate won't know what your family is likely to need. A seasoned agent who handles estates regularly knows where the needs usually are and will step up for what's unique to your situation.

On our team, we know families grieving shouldn't have to worry about dump runs, especially if they have families of their own or live in another province. We sort things into the right buckets and handle the rest. We send in professional cleaners before staging, and we include staging, photography, and marketing as part of our service. You can read more on our estate sales page and our why list with us page.

Most estates sell in as-is, where-is condition to protect the estate from liability. For your property, that means it's a conversation worth having before you list, and we'll cover it in more detail in this series.

A Word of Caution Before You Sign

I've been in this business a long time, and unfortunately I've seen some people in our industry charge estates very high fees, because families are vulnerable and don't always read the paperwork. Real estate fees aren't standard. Each sales representative and brokerage sets its own, so make sure you understand the total commission and compare it with what other agents offer.

Watch for the opposite problem too: a low commission paired with pressure to spend heavily on contractors and trades you aren't sure you need. Take detailed notes after each interview, then run the recommendations past a few other professionals, perhaps someone local or someone a neighbour has worked with. That gives you a gut check before you sign on the dotted line.

Remember, you're in charge of the estate. Asking questions is part of your responsibility to the beneficiaries. A great realtor will give you honest advice about what's truly needed, what isn't, and what will get the estate the best possible price. Whether the home is in Leaside, Lawrence Park, Don Mills or near Yonge and Eglinton, local knowledge makes a real difference to pricing and preparation.

What Comes Next

Once probate is in hand and you've chosen your team, you're ready to put the home on the market. In Part 2 of this series, we cover what executors need to get right once the house is listed: pricing, showings, insurance, and choosing the right real estate lawyer. If you're helping a parent who is still living through a move, our seniors real estate services and downsizing guide may also help.

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