Probate
Probate is the court process confirming a will and executor’s authority, required for transferring estate-owned real estate.

September 30, 2025
What is Probate?
Probate is the legal process by which a court validates a deceased person’s will and authorizes the executor to distribute the estate. In real estate, probate confirms the authority to transfer or sell property from the estate.
Why Probate Matters in Real Estate
Probate matters in real estate because it ensures clear title transfer and protects buyers from disputes. It can delay transactions and incur fees, making estate planning important for property owners.
Example of Probate in Action
After a homeowner’s death, their executor must obtain probate before selling the property and distributing proceeds to beneficiaries.
Key Takeaways
- Court process validating wills and executor authority.
- Required for transferring real estate from estates.
- Adds time and cost to estate administration.
- Ensures buyers receive clear title.
- Can be reduced with effective estate planning.
Related Terms
- Estate Administration
- Executor
- Inheritance
- Title Transfer
- Estate Planning









Chartwell’s portfolio as of December 31, 2025. (Chartwell Retirement Residences)

Income growth and longer amortizations are blunting mortgage shock/Statistics Canada, TD Economics
Canada's mortgage interest cost index is nearing deflation/Statistics Canada, TD Economics
Canada's mortgage stock is more rate-sensitive today/Bank of Canada, TD Economics
Manuela Preis/Instagram
