How to Transfer Property After Death with a Will in Ontario

When a loved one dies, transferring property after death with a will in Ontario involves a series of legal steps. While this process is rooted in Ontario estate law, it also involves probate procedures, real property law, family law rights, taxation issues, and compliance with financial institution policies. A valid will simplifies these steps and helps ensure the deceased's wishes are carried out while minimizing delays and family conflict.

Whether you're planning your own estate or acting as an executor, understanding how a person’s property–which includes money, belongings and real estate–is transferred in Ontario after their death can help you avoid costly mistakes and unnecessary stress. 

While the Ontario probate process might seem daunting, understanding the steps can help you feel more confident and in control.

Understanding the role of a will in property transfer

A will is a legal document that directs how a person’s assets should be distributed after death. In Ontario, having a legal will simplifies the process of transferring property by clearly identifying the beneficiaries and appointing an executor to oversee the distribution of the estate.

A properly prepared will offers the following benefits:

• Prevents family disputes by removing ambiguity around inheritance
  
  
• Streamlines the legal process for estate administration
  
  
• Reduces legal fees and delays by avoiding extra court applications
  
  
• Appoints a trusted executor to carry out your wishes
  
  
• May reduce the need for probate when used alongside other tools like named beneficiaries or trusts

Without a will, an estate is distributed based on Ontario’s intestacy laws—which are designed to provide a default structure, but may not align with a deceased person’s personal wishes. Creating a legal will ensures a person’s intentions are clearly documented and carried out, providing peace of mind and control over what happens to property.

The legal process of transferring property with a will

When someone dies with a valid will in Ontario, the executor must follow a series of legal steps to transfer the deceased’s property, which includes real estate, money, and belongings, to the rightful beneficiaries.

Step 1: Locate and validate the will
The executor must find the original signed will and ensure it meets Ontario’s legal standards. If multiple versions exist, the most recent valid one with original signatures will be used to administer the estate.

Step 2: Determine whether probate is required
Probate is not always needed—it depends on the type and ownership of the assets. For example, jointly owned bank accounts or property with survivorship rights may transfer automatically. If probate is required, the executor must gather the death certificate, complete court forms, and calculate the total value of the estate to determine the estate administration tax.

Step 3: Notify beneficiaries
All individuals and organizations named in the will must be formally notified. This includes recipients of real estate, financial accounts, specific gifts, and shares of the residual estate.

Step 4: Apply for probate, if necessary
If probate is required, the executor must apply to the Ontario Superior Court of Justice for a Certificate of Appointment of Estate Trustee With a Will. This certificate gives the executor legal authority to manage and distribute the estate.

Step 5: Pay the estate’s debts and taxes
The executor is responsible for settling any outstanding debts before assets can be distributed. This may include credit cards, loans, mortgages, utility bills, funeral expenses, and final income taxes. The executor may also need to file the deceased’s final tax return and obtain a clearance certificate from the Canada Revenue Agency.

Step 6: Distribute estate assets to beneficiaries
Once debts and taxes have been paid, the executor distributes the remaining estate according to the will. This may include:

• Transferring funds from bank and investment accounts
  
  
• Distributing personal belongings, heirlooms, and valuables
  
  
• Managing the transfer or closure of digital assets (e.g., social media, cryptocurrency)
  
  
• Disbursing any remaining cash to residual beneficiaries
  
  

Step 7: Transfer real estate
For real property, the executor signs the necessary legal documents—usually with the assistance of a lawyer—and the title is transferred through Ontario’s electronic land registration system. The executor does not file directly with the Land Registry Office; the transaction is processed electronically by legal professionals.

TIP: Online services like Willful offer resources that guide executors through this process in accordance with Ontario law. Willful makes it easy to get started—even if you’ve never thought about estate planning before.

Probate: When is it required in Ontario?

Probate is the legal process that confirms the validity of a deceased person’s will and grants the executor the authority to act on behalf of the estate. In Ontario, probate is typically required when the deceased person owned property solely in their name or when institutions (like banks or land registries) require court authorization before releasing or transferring assets.

However, probate is not always needed. Certain circumstances allow for probate to be bypassed, including:

Joint ownership with right of survivorship:
For example, if a husband and wife own their home together as what is termed “joint tenants," the surviving spouse becomes the sole owner automatically, and probate is bypassed. This is because the right of survivorship transfers the property immediately to the surviving owner without requiring the involvement of the court. This can be especially helpful to ensure the inheritance of the home goes smoothly. Note: If the property was jointly owned, the surviving owner still needs to file a survivorship application with the Land Registry Office to update the title.

Assets with named beneficiaries:
Life insurance policies, Registered Retirement Savings Plans (RRSPs), or Tax-Free Savings Accounts (TFSAs) that list a beneficiary pass directly to that person.

Assets held in trust:
Any property placed in a trust is not part of the probate estate and is managed separately.

Key documents needed to transfer real estate property

To legally transfer real estate property after death in Ontario, the executor will need:

• Original signed will
  
  
• Official death certificate
  
  
• Probate certificate (also called: Certificate of Appointment), if required
  
  
• Land title deed
  
  
• Affidavit of Execution, which confirms proper signing of the will
  
  
• Tax Clearance Certificate from the Canada Revenue Agency, if needed

Storing these documents securely and making multiple copies will help streamline the process and avoid delays.

Common challenges in transferring property

Even when a valid will is in place, challenges can still arise that complicate the transfer of property. Families may disagree about who should inherit a property, especially if expectations weren't discussed beforehand. 

In some cases, a will may include vague or outdated information, which can lead to confusion or disputes. Finding and communicating with the named executor can also become an issue if the person is not responsive or if they are difficult to contact, as well as when multiple beneficiaries are involved, it's not uncommon for disagreements to occur about whether to sell the inherited property or keep it in the family.

Being proactive can go a long way in avoiding these complications. Be sure to:

• Review and update your will every few years and after major life events like the birth of a child, marriage, or divorce 
• Name a backup executor
• Clearly list property and intended beneficiaries 
• Have open conversations with family to help prevent misunderstandings and reduce the likelihood of conflict later

Following these practices can help ensure the deceased person’s wishes are followed. 

How taxes and debts affect property transfer

Before the title of a property can be transferred, the estate must settle all outstanding debts and taxes. These may include:

• Estate Administration Tax – 1.5% on the value of the estate over $50,000 in Ontario
  
  
• Legal fees for probate application and title transfer
  
  
• Valuation costs, if required to confirm property value for tax or distribution purposes
  
  
• Land transfer tax, if the property is sold rather than inherited (typically paid by the buyer)
  
  
• Title registration fees to transfer ownership at the land registry office
  
  
• Ongoing property expenses, such as utilities, insurance, or maintenance during the estate period

Here is an example: If a deceased person owned a $700,000 home and had $90,000 in debts, the executor may need to sell the property if the estate lacks enough liquid assets to pay those debts.

Avoiding delays in property transfer

Delays in transferring property after death are common, but they can be avoided with a little foresight. One of the most effective strategies is to keep your will current. 

TIP: As life circumstances change—such as buying a new property, having children, or a divorce—updating your will ensures it reflects your latest wishes. This is easy to do using Willful.

It’s also important to name an alternate executor in case a primary choice is unable or unwilling to serve. Ensuring that important documents are securely stored and easily accessible to your executor makes the process more efficient. And finally, having clear conversations with loved ones about estate plans can help avoid confusion and emotional friction.

If complications arise, a legal professional experienced in Ontario estate law can help resolve issues.

Avoiding disputes over property transfers

With a little preparation now, you can save your family time, stress, and unnecessary costs down the road. A legal will—and understanding how to transfer property—makes all the difference.

To protect your family and simplify future property transfers, create a legal will in Ontario. Willful helps you make one online in minutes—without expensive legal fees or confusing paperwork.

FAQ: Property transfer after death in Ontario with a will

Here are some common questions and their answers about property transfer after death in Ontario.

What is the inheritance tax in Ontario?
Ontario does not charge a separate inheritance tax. However, estates may be subject to the Estate Administration Tax, which is approximately 1.5 per cent of the value of the estate over $50,000. This tax is paid by the estate before assets are distributed to beneficiaries. See also this helpful tool:

Calculate the Ontario Estate Administration Tax 

How much does it cost to transfer property after death in Ontario?
Costs usually range from $2,000 to $10,000, covering probate fees, legal assistance, document filing, and property registration. Complex estates may incur higher fees.

Can property be transferred without probate in Ontario?
Yes. Probate isn’t needed if the property was jointly owned with right of survivorship, held in trust, or qualifies for the first dealings exemption—a rule that may apply to land converted from the old registry system to Land Titles and has not been sold or mortgaged since. Probate is usually required for individually owned property without a named beneficiary.

How soon should property be transferred after death in Ontario?
Transferring property within six to 12 months is recommended, although Ontario doesn't enforce a strict legal deadline. Timely transfers help avoid complications and extra costs. The timeline is always subject to how long it takes to get a probate certificate from the court.

Is there a land transfer tax on inherited property in Ontario?
No, inherited property isn't subject to Ontario’s land transfer tax if transferred directly through a will. Tax only applies if property is later sold or transferred to someone outside the family who is not a beneficiary.

Do I need a lawyer to transfer property after someone dies?
Yes, a lawyer is required to transfer property in Ontario. This is especially true if probate is necessary, or if disputes, multiple heirs, or complicated debts and properties are involved.

What if someone dies without a will in Ontario?
Without a will, Ontario’s intestacy laws determine inheritance. A family member typically applies to become an estate trustee, similar to an executor, through Ontario courts.

What are the most common issues families face when transferring property in Ontario?
Disputes among beneficiaries, missing or outdated wills, lack of communication with executors, and disagreements about property use are common challenges.

Are there any recent updates to Ontario’s probate or estate laws?
Estate law can change. It's a good idea to consult a legal professional or use platforms like Willful, which stay current with Ontario regulations.

How does joint tenancy affect the need for probate in Ontario?
Joint tenancy usually includes the right of survivorship, meaning the surviving co-owner automatically inherits the property without probate. However, this isn’t guaranteed in all cases—Ontario law includes a legal presumption that may be challenged, especially in situations involving adult children or blended families. Legal advice is often needed to confirm whether probate can be avoided.

What unique benefits does Willful offer in streamlining property transfers?
Willful simplifies creating a legal will and includes tools and guidance to navigate the probate and property transfer process according to Ontario laws. Plus, all Willful documents include free updates for life.

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