Handling a loved one’s estate is a big responsibility — and selling real estate is often one of the largest (and most complex) tasks. Here’s what every estate trusteee (executrix or executor) should know before listing a property:

1.  You May Need a Certificate of Appointment (Probate)

Before selling the home, you may need legal authority — known as a Certificate of Appointment of Estate Trustee — especially if the property was solely in the deceased’s name.

• Without it, most buyers’ lawyers won’t close the deal
• Some joint ownership or trust setups may bypass this, but check with an estate lawyer first
• Apply for probate early — it can take weeks or months to process

2.  You Have a Legal Duty to Act in the Estate’s Best Interests

As executor, you’re legally obligated to act impartially and prudently.

• That means maximizing the sale value (unless all beneficiaries agree otherwise)
• Avoid selling to a friend or relative at a discount — it could cause disputes or even lawsuits
• Keep records of all decisions, appraisals, and offers for the estate’s accounting

3.  You’re Responsible for the Property Until It’s Sold

Until it sells, you must protect the home:

• Maintain heat, electricity, snow/lawn care
• Secure it against break-ins or water damage
• Ensure there’s valid home insurance (many policies lapse after 30–60 days vacant)
• A neglected home can drop in value fast — and hurt the estate

4.  The Home May Need Repairs, Staging — or a “Sell As-Is” Strategy

Some estate homes are well maintained; others need clean-out crews or renos.

An experienced real estate agent can help you:

• Decide what’s worth fixing
• Estimate renovation Return On Investment (ROI)
• Coordinate services like junk removal, staging, or “as-is” investor sales
• The right strategy depends on the home’s condition and the estate’s timeline

5.  You’ll Need to Disclose Material Facts — Even If You Never Lived There

Executors must disclose any known material latent defects (issues that aren’t visible but affect the home’s safety or value).

Examples:

• Foundation cracks
• Leaks
• Mold
• Prior illegal activity

You’re not expected to know everything, but honesty protects you and the estate legally

Need Help Selling an Estate Property?

I help Ontario estate trustees navigate probate timelines, property preparations, and smooth sales — with care and clarity.

📞 Contact me for a free estate home evaluation or a checklist to get started.