Estate Sales in Richmond Hill and Markham: A Complete Guide for Executors

Q: How long does probate take in Ontario?

It varies with the court's workload and the complexity of the estate, and processing times have shifted in recent years. Ask your estate lawyer for a current expectation and set the closing date with that timeline in mind.

Q: Who can help me sell an estate property in Richmond Hill or Markham?

Kirby Chan and the Kirby Chan and Co. Real Estate Team work with executors selling estate homes across Richmond Hill and Markham. Reach Kirby at (416) 305-8008.

If you have been named executor of an estate that includes a home in Richmond Hill or Markham, you are now responsible for one of the more complex real estate transactions in Ontario. Estate sales involve probate, court-issued authority, tax obligations, potential capital gains, property maintenance during vacancy, family dynamics and a market that does not wait while you work it out. This guide covers the legal requirements, the tax implications and the practical steps that produce the best outcome when selling an estate property in York Region.

Estate sales in Richmond Hill and Markham, a complete guide for executors

Written by a Richmond Hill and Markham Real Estate Expert

At Kirby Chan & Co. Real Estate Team, we work with executors selling estate homes across Richmond Hill and Markham, usually people who have never done this before and are grieving at the same time. We have seen an executive lose weeks because nobody switched the insurance to a vacant home policy and a claim was refused. If you are administering an estate that includes a home, the early decisions matter more than the marketing ones.

Important: This Is Not Legal or Tax Advice

Acting as an executor carries legal duties and potential personal liability. This guide explains the process in general terms so you know what to expect and what questions to ask. It is not legal, tax or financial advice. Engage an estate lawyer and an accountant experienced with estates before you take any step, and rely on their guidance over anything written here.

Administering an Estate With a Home in It?

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Kirby Chan & Co. Real Estate Team

Quick takeaway: As executor you have a fiduciary duty to the beneficiaries, which means selling the home at fair market value rather than accepting the first convenient offer. It also means protecting the property while it sits: insurance, heat, security and maintenance. Your authority to transfer title generally comes from the Certificate of Appointment of Estate Trustee, so the sale cannot close until that is issued even though you can list beforehand. Any appreciation between the date of death and the sale is taxable to the estate, which is why a date-of-death appraisal matters. Engage an estate lawyer and an accountant from day one.

Your Legal Authority to Sell
Tax Implications
Preparing the Home for Sale
Pricing an Estate Property
The Selling Process
Protecting the Property
Managing Family Dynamics
Frequently Asked Questions

Your Legal Authority to Sell

Legal Requirement Probate Usually Comes Before Closing

In Ontario, an executor's authority to deal with real estate is normally evidenced by the Certificate of Appointment of Estate Trustee, commonly called probate. Processing times vary considerably with the court's workload and the complexity of the estate, and have ranged widely in recent years, so ask your estate lawyer for a current expectation rather than assuming a fixed number of weeks.

You can generally list and market the home while the application is in process, but the transfer of title happens at closing and that is where the certificate is needed. The practical consequence is that the closing date has to be set with the probate timeline in mind. Whether probate is required at all depends on how title was held and on the terms of the will, so confirm your position with the estate lawyer before you do anything else.

Estate Administration Tax

Ontario charges an estate administration tax on the value of the estate. Under the current rules there is no tax on the first $50,000, and the rate above that is $15 per $1,000 of value. On an estate valued at $1,500,000 that works out to roughly $21,750.

The tax is payable in connection with the probate application and comes out of the estate, so it reduces what eventually reaches the beneficiaries. Your estate lawyer will calculate the exact figure based on how the estate is valued, since what is included in that value is itself a technical question.

Tax Implications

Deemed Disposition at Death

When someone dies, the CRA generally treats their assets as having been disposed of at fair market value on the date of death. Where the home was the deceased's principal residence throughout the ownership period, the principal residence exemption can eliminate the gain. Where it was not, for example if it was a rental for a period or the deceased owned two properties, part of the gain may be taxable. The estate accountant calculates this and reports it on the appropriate return.

Gains After the Date of Death

If the home rises in value between the date of death and the date of sale, that increase is generally taxable to the estate, because the principal residence exemption no longer shelters it once the deceased is not living there. If the home was worth $1,400,000 at death and sells for $1,500,000 nine months later, that $100,000 is the amount in question. It is one reason estates often move to sell rather than hold indefinitely, though the right timing depends on the whole picture and belongs in a conversation with the accountant.

Do This Early Get an Appraisal Dated at the Date of Death

Order a professional appraisal establishing the home's value as at the date of death, and do it early. That figure becomes the reference point for any later capital gains calculation. Reconstructing a value months after the fact is harder to support if the CRA questions it. An appraisal costs a few hundred dollars and is a legitimate estate expense, which is a small price against a disputed assessment later.

Preparing the Home for Sale

Step 1 Clear the Home

The home needs to be cleared before it can be staged and listed, and this is usually the hardest and slowest part. Give family members a defined window to claim personal items, typically a few weeks with a clear deadline, then sort what remains into keep, donate, sell and dispose. A professional estate cleanout service generally runs a few thousand dollars depending on the size of the home and the volume of contents. Keep a record of anything of value that leaves the house, because it is estate property too. Our estate cleanout guide covers the full process.

Step 2 Assess the Condition Honestly

Estate homes are often in original condition with dated finishes and deferred maintenance. Walk through with your agent and decide what is genuinely worth doing. In most cases that means paint, a deep clean and basic repairs rather than a renovation. An estate should not spend fifty thousand dollars on a kitchen that adds thirty thousand to the sale price, and as executor you would have to justify that decision to the beneficiaries.

Step 3 Stage and Photograph

An empty home with dated finishes shows poorly, and buyers struggle to judge room sizes in vacant spaces. Professional staging adds warmth, defines what each room is for and helps buyers see past cosmetic condition. Professional photography follows. On estate listings this is usually the highest-return money the estate spends before going to market.

Want a Documented Valuation for the Estate File?

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Pricing an Estate Property

Pricing Price for What the Home Is, Not What It Could Be

Estate homes are frequently in original condition: a kitchen from the nineties, original bathroom fixtures, worn flooring. The price has to reflect the home as it stands, not as it would be after a renovation. Recent sales of updated homes in the same pocket set the ceiling, and your property needs to sit below that ceiling by roughly what a buyer would have to spend to get there. Overpricing is the most common executor mistake and it costs the estate both time and, eventually, money.

Fiduciary Duty You Must Sell at Fair Market Value

Your duty runs to the beneficiaries, which means selling at fair market value. You cannot sell below market to a family member, a friend or a quick-close investor without the informed consent of everyone with an interest, and even then you should be taking legal advice first. If a beneficiary later challenges the price, an executor can face personal liability for the shortfall. Support the listing price with an appraisal or a detailed comparable sales analysis, and keep a written record of how every pricing decision was reached.

The Selling Process

Listing as an Estate Sale

The listing agreement is signed by the executor in that capacity. The property is marketed with the tenure of the sale disclosed, and because an executor often never lived in the home, there will be limited knowledge of its history. It is standard to make that limitation explicit in the listing and in the agreement of purchase and sale, since the executor cannot disclose what they do not know. Your lawyer should review the wording, because how this is framed affects your exposure.

Closing an Estate Sale

Closing an estate sale takes more documentation than a standard one. The executor signs on behalf of the estate, the probate certificate goes to the buyer's lawyer, and any mortgage on the property is discharged from the proceeds. Before distributing to beneficiaries, executors commonly obtain a clearance certificate from the CRA confirming the estate's tax obligations are settled, because distributing without one can leave the executor personally exposed. Our closing day guide covers the general process.

Protecting the Property

Deal With the Insurance Immediately

This is the single most urgent item on the list. Standard home insurance policies commonly restrict or void coverage once a property has been unoccupied for a set period, often around thirty days, and the exact terms vary by insurer. Notify the insurer as soon as possible after the death and arrange appropriate vacant property coverage. If the home suffers a burst pipe, a fire or a break-in while uninsured, the loss falls on the estate and the executor's handling of it can be questioned.

Keep the Home Heated, Maintained and Watched

Keep the heat on through the winter to prevent frozen pipes, and check what minimum temperature your insurer requires, since the policy may specify one. Arrange snow clearing and lawn maintenance so the property does not attract bylaw complaints or signal that it is empty. Put lights on timers. Have someone check the home weekly for leaks or damage. Forward the mail. Keep water, heat and electricity connected even while cancelling other services. A burst pipe in an unheated house is a six-figure problem and it happens to estate properties every winter.

Managing Family Dynamics

Communicate Early and in Writing

Keep every beneficiary informed of the significant decisions: the listing price and the reasoning behind it, the offers received, the terms accepted, the closing date and the expected distribution timeline. Put it in writing so there is a record. Surprises are what create disputes. A beneficiary who disagrees with a decision but was consulted and heard is far less likely to challenge it than one who found out afterward.

When Beneficiaries Disagree

Where one beneficiary wants to sell and another wants to keep the home, the will governs. If it directs the executor to sell, that is what happens regardless of individual preferences. Where the will is silent, the executor acts in the interests of the beneficiaries as a whole, which usually points to selling and distributing the proceeds. If a beneficiary wants to buy the home, they pay fair market value rather than a family price. Take legal advice before any decision that could be contested, and document the reasoning at the time rather than reconstructing it later.

Recognition

Kirby Chan Awards and Achievements

🏆 #1 Individual Producer in Ontario for eXp Realty 2023

🏆 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

🏆 2X ICON Agent Award with eXp Realty

🏆 2025 Community Votes Platinum Award, Thornhill

🏆 2024 Community Votes Platinum Award, Thornhill

🏆 2025 Gold Award for Real Estate Brokers in Markham

🏆 2024 Community Votes Bronze Award, Richmond Hill

🏆 2023 Community Votes Platinum Award, Thornhill

Frequently Asked Questions

How long does probate take in Ontario?

It varies considerably with the court's workload and the complexity of the estate, and processing times have shifted noticeably in recent years. Ask your estate lawyer for a current expectation rather than planning around a fixed figure, and set the closing date with that timeline in mind.

Can I sell the home before probate is granted?

You can generally list and market the home while the application is in process, but the transfer of title at closing is where the certificate is needed. Structure the closing date to allow for it, and confirm with your lawyer whether probate is required at all in your situation.

Is the estate home subject to capital gains tax?

Where it was the deceased's principal residence throughout the ownership period, the exemption can eliminate the gain at death. Any increase in value between the date of death and the sale is generally taxable to the estate. Get an appraisal dated at the date of death to establish the reference value.

How much is the estate administration tax?

Under the current rules there is no tax on the first $50,000 of estate value, and $15 per $1,000 above that. On a $1,500,000 estate that is roughly $21,750. Your estate lawyer calculates the exact amount based on how the estate is valued.

Should I renovate an estate home before selling?

Usually not beyond paint, cleaning, basic repairs and staging, which is where the return is. Major renovations rarely recover their cost on an estate sale and they extend the timeline. Price the home for its condition and let the buyer renovate to their own taste.

Can a beneficiary buy the estate home?

Yes, but at fair market value. An executor cannot sell below market to a family member without the informed consent of the other beneficiaries, and should take legal advice before proceeding. Support the price with an independent appraisal.

Who can help me sell an estate property in Richmond Hill or Markham?

Kirby Chan and the Kirby Chan & Co. Real Estate Team work with executors selling estate homes across Richmond Hill and Markham. We provide the documented valuation your estate file needs, coordinate the cleanout and preparation, and work alongside your estate lawyer and accountant so the sale holds up to scrutiny. Reach me at (416) 305-8008.

Contact Kirby Chan

Handling an Estate Property?

Selling an estate home means managing the legal, tax, family and market dimensions at once, usually while grieving. I help executors in Richmond Hill and Markham through each step, from the early protective measures through cleanout, preparation, pricing, listing and closing, working alongside your lawyer and accountant rather than around them.

Book a Free Consultation

Kirby Chan | Kirby Chan & Co. Real Estate Team
kirby@kirbychanandco.com
https://kirbychanandco.com

Dedicated Family Transition Hotline

416-305-8008

Note: Probate requirements and timelines, estate administration tax, capital gains treatment, insurance conditions and executor duties described in this guide reflect Ontario law and CRA rules in simplified general terms as of mid-2026, and all of these change over time. Whether probate is required, what is included in the value of an estate, how the principal residence exemption applies and what an executor must do in any particular estate depend on facts not covered here. Acting as an executor carries legal duties and potential personal liability. Nothing in this guide is legal, tax or financial advice and it must not be relied on as a substitute for professional advice. Consult an estate lawyer and an accountant experienced with estates before taking any step.