What Is Probate?

October 3, 2025

If you’ve ever heard the term probate when it comes to real estate, you might wonder what it actually means. Probate is the legal process that takes place after someone passes away, ensuring their will is valid and their assets—including property—are distributed according to their wishes.

When a home is part of an estate, the probate court oversees its transfer to heirs or beneficiaries. If there’s no will, the court follows provincial laws to decide who inherits the property. This process can take time and may involve selling the home to settle debts or divide assets.

For buyers, a probate sale can present unique opportunities but also added complexities, since court approval is often required. For sellers and families, understanding probate helps set realistic expectations about timelines and responsibilities.

Working with a knowledgeable real estate agent and legal professional is the best way to navigate probate smoothly.