If you’ve been asked to sell someone’s home or manage their assets, you may need to complete the probate process first. However, given just how complicated (and time consuming) probate can be, it helps to be sure whether or not you really need it before you get started.
While probate can apply to a lot of different situations, there are instances where it’s not required. As real estate agents who often work closely with families as they navigate the probate process, we’re here to shine a spotlight on those unique circumstances.
In this blog, we’ll look at how probate works in Ontario, when it’s required, and when it may not be relevant.
Looking to become an estate trustee? Read our step by step guide on how to apply for probate in Ontario.
What is Probate?
Let’s start with the basics. What exactly is probate? Well, the easiest way to explain probate is to look at when it’s needed.
When someone dies, they usually leave a few things behind. This includes small personal items like clothes, all the way up to major assets such as a house. Rather than being managed one at a time, all of these belongings get bundled into a single entity known as the estate.
To handle certain aspects of someone’s estate (like selling their house), you need formal permission from the Province of Ontario. Probate refers to the legal process of getting that approval.
After probate, the designated manager of an estate is known as the ’estate trustee’.
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When is Probate Not Required in Ontario?
Here’s the thing: if you think you need probate, you probably do. In terms of managing an estate, probate is necessary 99% of the time. However, there are certain exceptions to this.
Alternatively, probate may simply not be a relevant aspect of your personal circumstances. As with anything legally nuanced, the ins and outs of probate can get confusing in a hurry.
When Someone Hasn’t Died
If an individual is alive but unable to manage their own assets due to health reasons, probate will not be relevant. That said, you (or anyone else who is helping to manage certain belongings) will still need to get formal legal approval before you can act on behalf of that person.
In this case, you’ll need to acquire the power of attorney (POA) – not probate. Luckily, this process is usually much easier and faster than applying to become an estate trustee.
When Someone’s Estate is Very Small
Occasionally, someone may pass away, leaving behind no debts and very few items to their name. In these rare circumstances, the Provincial Government may determine that probate is not required. However, if their estate includes anything of substantial value, such as a vehicle or a house, an executor will need to be appointed.
If you feel this may apply to your circumstances, consult a lawyer before making any assumptions.
Can I Sell a House Without Probate?
If it’s not your house and the original owner has passed away, the odds of you legally selling it without following the probate process are slim to none. Unfortunately, there are a lot of misconceptions out there about being able to skip over the probate process. We’re here to set the record straight.
For example, many children assume that they can sell their parents’ home without probate simply because they are next of kin, or because the home was given to them in the last surviving parent’s Will. This is not the case.
In fact, even if you or someone else is directly named as someone’s estate trustee in their will, you still need to complete the probate process to have it legally verified.
When the Co-owner of a House Dies
The only time you can (potentially) sell a house without probate is if you co-owned the property or are the spouse of the person who passed away. Of course, probate will still be required to manage the remaining assets of that person’s estate. However, it won’t be relevant to the home, with or without an impending sale.
Again, there are caveats and exceptions to this rule. Always consult a lawyer before you do anything.
On the hunt for more home selling advice? Read these blogs next!
- How to Add Value to Your Home Before Selling it
- How Long Does it Take to Sell a House?
- When is The Best Time to Sell a House in Ontario?
Selling a Loved One’s House?
Regardless of whether or not you need probate, selling a house is no small task. From cleaning out the house and managing belongings to getting it sold and navigating emotions, it can be a lot to handle. Luckily, help is available.
No matter the circumstances, Puckriin & Latreille are here to make your journey as stress-free as possible. We’ll be here for you every step of the way, making the process easy while ensuring you get a great result in the market.
Selling a loved one’s home? We can help! Call 905-985-7300 or send an email to hello@liveplayinvest.com to reach out.
Book a Meeting
Whether buying or selling a home in Port Perry and the surrounding area, our team has you covered. Book a call with us today to get started.
