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


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Canada residential months of inventory, actual, January 2025 to June 2026. Source: Source:
Year-over-year change in residential average sale price for Canada, Ontario, British Columbia and Alberta, January 2022 to June 2026. Average price is shown here as a regional mix measure, not a substitute for HPI or local comparable sales. Source:
Year-over-year change in residential unit sales for Canada, Ontario, British Columbia and Alberta, January 2024 to June 2026. Source: 






15284-15296 Fleetwood Drive in Surrey. (Flat Architecture, 1098261 BC Ltd.)
Renderings of the tower proposed for 15284-15296 Fleetwood Drive in Surrey. (Flat Architecture, 1098261 BC Ltd.)

Goldberg Group 
10-storey apartment building currently occupying 525 Eglinton Avenue East/WND Associates
Rendering of 525 Eglinton Avenue East/Wallman Architects
The Mayfair West site and its surrounding context. (Grosvenor, Arcadis, Hariri Pontarini Architects)
Renderings of Mayfair West. (Grosvenor, Arcadis, Hariri Pontarini Architects)
