Probate in Ontario: What Happens to Real Estate and Assets After Death

by Kirby Chan, Broker

Probate in Ontario: What Happens to Real Estate and Assets After Death

When someone passes away, their estate does not automatically transfer to family members. There is a legal process that determines how assets are handled. In Ontario, that process is called probate.

Probate confirms that a Will is valid and gives legal authority to the executor to carry out its instructions. It creates structure during a time that often feels overwhelming.

Understanding how probate works is especially important when real estate is involved.

What Probate Actually Does

Probate is the court process that validates a deceased person’s Will and authorizes the executor to:

Gather and secure assets
Pay debts and taxes
Distribute property to beneficiaries

The executor is someone chosen in the Will to carry out these responsibilities. This person manages everything according to the written instructions.

When a Will exists and is valid, the process tends to move more smoothly. When there is no Will, the situation becomes more complex.

What Happens If You Die Without a Will in Ontario?

If someone dies without a Will, Ontario’s intestacy rules apply. These laws determine how property is distributed.

Distribution depends on marital status and whether children exist.

Under Ontario intestacy rules:

If married with no children, the spouse receives the estate.
If married with children and the estate is valued at less than $350,000, the spouse receives everything.
If the estate exceeds $350,000, the spouse receives $350,000 and the remaining balance is divided between the spouse and children.
If unmarried with children, the estate is divided equally among the children.
If unmarried with no children, the estate passes to the closest living relatives. If none exist, it transfers to the Ontario government.

These rules apply only to legally married spouses and legally adopted or biological children. Common-law partners and stepchildren who have not been legally adopted are excluded under intestacy law.

This often creates unintended outcomes.

When Someone Makes a Claim Against the Estate

Even when intestacy rules apply or a Will exists, certain individuals may challenge how assets are distributed.

There are two primary types of claims.

1. Dependent’s Support Claim

A dependent is someone the deceased financially supported before death, either by legal obligation or voluntarily.

Dependents may include:

Children
Stepchildren
Grandchildren
Parents or grandparents
Siblings
Married or cohabiting partners
Former spouses receiving support

A dependent can ask the court for financial support from the estate if adequate provision was not made.

2. Equalization Claim

An equalization claim applies only to legally married spouses.

A surviving spouse can choose between:

Accepting what they receive under the Will or intestacy rules
Claiming an equalization payment

Equalization is based on the increase in net family property during the marriage. It ensures fair sharing of marital property growth.

Common-law partners cannot make an equalization claim.

Challenging the Validity of a Will

A Will may be challenged if someone believes it is invalid.

Common reasons include:

Lack of mental capacity at the time of signing
Undue influence or coercion
Improper execution

If a court finds a Will invalid, the estate is distributed under intestacy rules.

Challenging a Will requires legal representation and can involve significant time and cost. An estate lawyer is essential in these cases.

Why Planning Matters

When someone dies without a clear Will, uncertainty increases for the family. Even when relatives believe they understand the deceased’s wishes, proving intent without documentation becomes difficult.

Proper estate planning:

Reduces legal conflict
Protects beneficiaries
Clarifies asset distribution
Prevents unintended outcomes
Preserves family relationships

Real estate often represents the largest asset within an estate. Decisions regarding sale, transfer or retention require coordination between executors, lawyers and real estate professionals.

If Real Estate Is Involved

When a property forms part of an estate, timing, valuation and legal authority matter. Executors must ensure probate authority is granted before listing in most cases.

We work alongside estate lawyers, executors and families to provide:

Accurate market valuation
Strategic sale planning
Coordination with legal timelines
Calm guidance during transition

Estate situations require clarity and steady communication.

🏆 Awards and Achievements

Kirby Chan’s guidance in real estate is supported by consistent results and trusted recognition.

🏆 #1 Individual Producer in Ontario for Exp Realty, July 2024
🏆 Ranked Top 3 Best Rated Real Estate Agent in Richmond Hill
🏆 Toronto Star Platinum Award for Best Real Estate Agent
🏆 Top Real Estate Agent Award in Markham
🏆 ICON Agent Award with 40 Million in Sales Volume
🏆 2X ICON Agent Award with eXp Realty

🏆 2023 Community Votes Platinum Award for Brokers and Real Estate Agents in Thornhill
🏆 2023 Community Votes Gold Award for Brokers and Real Estate Agents in Markham
🏆 2024 Community Votes Platinum Award for Brokers and Real Estate Agents in Thornhill
🏆 2024 Community Votes Bronze Award for Real Estate Agents in Richmond Hill
🏆 2024 Community Votes Silver Award for Real Estate Agents
🏆 2025 Gold Award for Real Estate Brokers in Markham
🏆 2025 Community Votes Silver Award for Real Estate Agents
🏆 2025 Gold Award for Real Estate Brokers in Markham
🏆 2025 Community Votes Platinum Award for Brokers and Real Estate Agents in Thornhill

These recognitions reflect long-term trust, consistency and deep local expertise.

A Thoughtful Conversation Can Make This Easier

If you are acting as an executor, supporting a family member or planning ahead for your own estate, having clarity early prevents stress later.

If real estate is part of the estate and you want to understand value, timing or next steps, we are available to walk through your situation carefully and respectfully.

You do not have to navigate it alone.

👉 Reach out to Kirby Chan & Co. Real Estate Team to start a conversation.