Estate Sales
Close your real estate transaction with confidence. Available for virtual and in-person closing, we bring legal expertise to you in the most convenient and affordable way.
What is an Estate Sale?
Ontario estate law, the Succession Law Reform Act, gives you a legal obligation to be prudent, diligent, and wise in managing a deceased’s estate. Assets must be sold for fair market value or distributed as intended. Beneficiaries’ permission is not required for non-bequeathed items and you can use estate resources to fund a sale or pay legal fees if disputes arise.
As an estate trustee, you can only sell items bequeathed in a Will if it becomes necessary to pay debts or legal obligations. Any estate “residue” or leftover proceeds can then go to the beneficiaries.
How It Works
01
Request Quote
Click on ‘Get Started’ button to receive a quote from us. If you decide to proceed, our customer care team will reach out to you within minutes to discuss the next steps.
02
Upload Files
You will receive a secure intake link in your inbox to submit your closing documents. After receiving your documents, we will work with the lender to prepare for closing while keeping you informed at all times.
03
Sign Agreement
Once your closing documents are ready, we will book an appointment to review and sign the documents with you. Depending upon your convenience and location, you can meet your lawyer in person or virtually.
Documents We Need
Get legal advice when you make an offer to purchase a property a buyer wants to assign to you. Assignments of purchase and sale are unlike most real estate transactions. You won’t regret asking Axess Law to review the agreement of purchase and sale or negotiate with the seller’s lawyer to close the deal.
- Driver’s license
- Canadian passport
- Ontario photo card
- Canadian citizenship card with photo
- PR card with photo
Selling an Estate as Executor
If the deceased was the sole owner, the Will may have specific instructions on how to dispose of real estate. Properties may be left to specific parties or sold and proceeds distributed equally to beneficiaries.
If the owner died intestate without a Will, the property automatically becomes part of the estate and is sold for the benefit of legally married spouses, children, or other next-of-kin, in order of priority determined by an Ontario court.
Buying Real Estate from an Executor
Buying a home that’s only available because the owner died recently could net you a bargain. Executors typically have about a year to wrap up the deceased’s affairs before beneficiaries become impatient. They may want to sell quickly and hope to dispense with the realtor’s commission by disposing of real property to committed buyers. Approaching family or friends, if you know them, can work. If not, ask around. Realtors generally have a good sense of what’s available, and local auction houses may also have properties that could be just right for you.
What to Know About Estate Sales
Executors of estate homes are motivated to sell, meaning you get a great price for a home in fairly good condition. Here’s what to know about estate sales:
Probate can take a long time
You may have to extend the closing date because of probate
Escrow agreements allow you to move in while probate is underway
Plan your timing carefully if have to sell your own home first
What Our Customers Say About Us
My wife and I had an amazing experience with Axess Law regarding our very first home purchase. They were very responsive to our questions, calling the same day (multiple times) and returning any missed call. They were diligent, fair, and transparent. I would use their services again.
★★★★★ 5/5
The team at Axcess Law was extremely easy to work with. They were quick to respond, answered all my questions and made the entire process of closing really easy.
★★★★★ 5/5
They set up a team dedicated to my sale of real estate, and dealt with my queries outside the scope of work, out of my inexperience and being detached from legal issues, diligently and with utmost patience. As a result, I not only achieved a smooth transaction with clear documentation, but also gained invaluable experience and a lawyer’s team that I would consult and retain for my future needs.
★★★★★ 5/5
My wife and I had an amazing experience with Axess Law regarding our very first home purchase. They were very responsive to our questions, calling the same day (multiple times) and returning any missed call. They were diligent, fair, and transparent. I would use their services again.
★★★★★ 5/5
"As this was our first time purchasing a home, my wife and I believe that Axess Law genuinely ensured that all the basics were covered by educating us. We felt comfortable moving forward with this transaction. Thank you to Axess and law the staff assigned to us for their due diligence and flexibility"
★★★★★ 5/5
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We are rated 4.8/5 based on 1,475 reviews.
Convenient Appointments
Make an appointment by calling +1.877.402.4207 or fill out our online booking form. Axess Law gives you the choice of booking an online or in-person appointment. Our lawyers are available 7 days a week, at times convenient for you. We can meet in person, by phone, email, or via a remote video call. In addition to these, there are 5 Axess Law offices located across the Greater Toronto Area – all with onsite parking or easily accessible by public transit.
Some FAQs
Axess Law can advise you on executor rights and obligations for Ontario estate sales. The tasks ahead include:
- scheduling and advertising sales
- appraising and pricing possessions
- getting real estate valuations
- cleaning house or hiring estate sale planners
- and donating or recycling unwanted items.
If the deceased died intestate, without a Will, next-of-kin, friends or anyone with an interest in the deceased’s estate may go to probate court for permission to represent them. You will require a certificate of estate trustee without a Will before organizing any estate sale or otherwise distributing assets. Property and personal possessions will otherwise be disposed of by a court-appointed trustee, who will make decisions based on Ontario estate laws.
Sales of securities like stocks and bonds or personal possessions like jewelry, antiques or vehicles can also generate income for creditors or distribute to beneficiaries. Axess Law can advice you on:
- accessing bank or brokerage accounts
- getting original copies of stock and bond certificates
- arranging legal permissions to sell personal possessions
- or proving you got fair market value for assets.
Many Wills are vague and leave no specific directions on how to distribute a deceased’s estate. It’s up to the estate trustee to decide what assets to sell, rent or invest to make income to pay legally required estate administration taxes, mortgages, property taxes, debts, or court settlements.
If the deceased was the sole owner, the Will may have specific instructions on how to dispose of real estate. Properties may be left to specific parties or sold and proceeds distributed equally to beneficiaries. If the owner died intestate without a Will, the property automatically becomes part of the estate and is sold for the benefit of legally married spouses, children, or other next-of-kin, in order of priority determined by an Ontario court.
A legally married spouse or common-law partner who is joint owner stays on the property title when a spouse dies. Title reverts to them as the next owner and they have the right of survivorship to keep the home. Probate and estate administration tax is not required and the title is simply amended by showing proof of death and joint ownership.
Common-law partners not on the property title or where there is no Will have no legal claim to family homes. But they may file a dependant support claim in probate court if their spouse failed to provide financially for them.
Joint tenancies with adult, financially independent children can be complicated. Axess Law can advise you how to proceed in case other beneficiaries go to court to argue the home was being held in trust for the estate.
Two or more people or corporations that own property jointly have a divided interest in real property, which reverts to their estate when they die. Ownership can be equal or a percentage based on their contributions. Check with Axess Law before acting. The deceased may have left directions in their Will or, if they die intestate without a Will, a probate court application may be needed to legally dispose of tenant-in-common properties.