How do I handle inherited properties or
estates?
Want a clear plan for an inherited property that actually works? Read this first.
Quick answer
You must identify ownership, review the will, open estate administration, get legal and tax advice, then choose: keep, rent, or sell. Each step has legal paperwork and timelines. Skip steps and you risk liens, penalties, or long delays.
Step 1 — Confirm ownership and documents
- Locate the will and death certificate. Check land registry for title. Look for joint tenancy vs tenancy in common. That detail changes transfer rules.
- If there’s no will, the provincial intestacy rules apply. Act fast.
Step 2 — Contact the executor or estate lawyer
- The executor manages the estate. If you are the executor, hire an estate lawyer to avoid costly mistakes.
- A lawyer guides probate, creditor notices, and legal transfer of title.
Step 3 — Assess debts, liens and taxes
- Check for mortgages, property tax arrears, or construction liens. These must be paid out of the estate.
- Understand tax implications: capital gains may apply on sale; principal residence exemptions may reduce tax. Get a tax advisor if needed.
Step 4 — Get a professional valuation
- Order an appraisal or market evaluation. Don’t guess value. You’ll need this for probate and fair division among heirs.
- Consider comparable sales, rental income potential, and repair costs.
Step 5 — Secure and maintain the property
- Change locks, insure the property, and secure utilities. Prevent deterioration and liability claims.
- Document the condition with photos and receipts for any repairs.
Step 6 — Decide the strategy: Keep, Rent, or Sell
- Keep: Only if you want the responsibility. Transfer title and update insurance.
- Rent: Good for long-term income. Factor management, tenant laws, and cashflow.
- Sell: Fastest way to convert to cash. You’ll need a realtor experienced with estates and probate sales.
Practical checklist for selling an inherited property
- Confirm executor authority to sell. Get court approval if required.
- Clear liens and repairs. Obtain compliance certificates.
- Use an estate-focused realtor and request multiple offers.
- Close the sale through the estate lawyer, not personally.
Common traps to avoid
- Waiting months without legal steps — creditors can file claims.
- Selling without probate or executor authorization — sale can be voided.
- Ignoring tax filing deadlines — penalties apply.
Final advice
Move with purpose. Get a lawyer and a tax advisor. Use a realtor who regularly handles estate and probate sales to maximize net proceeds.
Tony Sousa is the local realtor who handles inherited properties and estate sales in Toronto. For clear guidance and fast action contact tony@sousasells.ca or call 416-477-2620. Visit https://www.sousasells.ca for details.
