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
An overview of Hedge Road Landing. (Alliance Homes)
6525 Mississauga Road and its surrounding context. (RBC Capital Markets & CBRE)
Property details for 6525 Mississauga Road. (RBC Capital Markets & CBRE)
National average resale-price growth and housing-starts growth, smoothed over three months. The comparison illustrates the cycle; it does not establish how much a price change causes construction to change.
Trailing 12-month starts in centres of 50,000 or more remove the usual monthly seasonality. Ownership combines the homeowner and condominium categories; rental is shown separately.
Six-month averages of provincial starts, expressed at annual rates. The smoothing reduces the influence of individual apartment projects.
The same August benchmark compared with two different starting points. Three-month changes are not annualized.
Average sale prices show the difference in purchase costs across markets. They do not measure affordability relative to local incomes or construction costs.
Newfoundland and Labrador remains above its pre-pandemic sales pattern, but August activity was below last year. Historical lines retain their original release vintages.
Average and median describe different aspects of the same month’s transactions. Both are affected by the mix of homes sold.
Category averages compare different homes and locations; the gaps are not estimates of the cost to upgrade an otherwise identical property.
The five categories shown account for 5,000 of the board’s 5,057 sales. The remaining 57 transactions were in other housing categories.
Monthly observations are not seasonally adjusted. Active listings count properties available at month-end; they are not construction inventory.
Average and median prices share one dollar axis. These unadjusted transaction measures do not control for changes in the homes sold.
TRREB’s 416/905 categories compare the apartments sold in each area. The difference does not isolate a location premium for equivalent units.