
Shawn Hinchey
Broker, Hinchey Homes Real Estate Team
RECO registered, TRESA compliant, 18+ years in Durham Region real estate
Published: September 15, 2022
A family member has passed, and suddenly you own a home you never planned for. Here is what Ontario law requires, what the tax implications are, and the decisions you need to make in the first 90 days.
You got the call. A parent, aunt, or grandparent has passed, and somewhere in the paperwork, there is a house with your name attached to it. Maybe you knew it was coming. Maybe you did not. Either way, the reality hits fast: you are now responsible for a property you did not plan for, in the middle of a process you have never been through.
Every year in Durham Region, hundreds of families find themselves in exactly this position. The legal process is not intuitive, the tax rules are specific to Ontario and Canada, and the emotional weight of the situation makes clear thinking difficult. This guide walks you through what actually happens, step by step, when you inherit a house in Ontario.
How property transfers after death in Ontario
In Ontario, real property does not automatically transfer to a beneficiary when someone dies. If the deceased owned the home solely in their name, the property becomes part of their estate. The executor named in the will (or an administrator appointed by the court, if there is no will) is responsible for managing and eventually distributing or selling the property.
Before the executor can sell or transfer the home, they typically need a Certificate of Appointment of Estate Trustee, commonly known as probate. This process involves filing the will with the Ontario Superior Court of Justice, paying the Ontario Estate Administration Tax (approximately 1.5% of the estate's total value), and waiting for the court to issue the certificate. The timeline ranges from a few weeks to several months depending on the complexity of the estate and the court's backlog in your region.
There is one important exception. If the deceased owned the home in joint tenancy with right of survivorship (common between spouses), the property passes directly to the surviving joint tenant outside of the estate. No probate is needed in that case.
The tax implications you need to understand
Canada does not have an inheritance tax, but that does not mean the transfer is tax-free. When someone passes away, the Canada Revenue Agency treats them as having sold all their assets at fair market value on the date of death. This is called a deemed disposition.
If the deceased was living in the home as their principal residence, the principal residence exemption will typically shield the property from capital gains tax. The estate files the final tax return and claims the exemption.
If the property was not the principal residence (a cottage, a rental, or a home they had moved out of), capital gains tax applies on the increase in value from the original purchase price to the fair market value at the date of death. This tax is the estate's responsibility, not yours personally, but it must be paid before assets are distributed.
Once you inherit the property, your cost basis resets to the fair market value at the date of death. If you sell the home shortly after inheriting it, there is usually little to no capital gain. If you hold it for years and the value increases, you will owe capital gains tax on the difference between the date-of-death value and your eventual sale price.
The first 90 days: what you need to do
The first priority is protecting the property. Make sure the home insurance is updated to reflect the change in circumstances. Many standard homeowner policies lapse or have exclusions when a property becomes vacant or changes ownership through an estate. Contact the insurance company within the first week.
Next, secure the home physically. Change the locks if necessary. Make sure the furnace is running in winter, or you risk frozen pipes. Forward the mail. Cancel or transfer utilities into the estate's name.
Within the first month, get a fair market value appraisal or at minimum a comparative market analysis (CMA) from a local real estate agent. You need this number for the estate's tax return, and you need it to make informed decisions about whether to sell, hold, or renovate.
Finally, have a candid conversation with all beneficiaries about the plan for the property. The most common source of conflict in estate sales is not the house itself. It is the lack of communication between siblings or family members about what happens next.
Should you sell, rent, or keep the inherited home?
This decision depends on your financial situation, the condition of the home, and the wishes of all beneficiaries. In our experience working with Durham Region families, most inherited homes are eventually sold. The carrying costs (property tax, insurance, maintenance, utilities) add up quickly, and most beneficiaries do not want to become landlords.
If the home is dated or needs significant work, selling as-is to an investor will leave a substantial amount of money on the table. A dated bungalow in Oshawa or Whitby that sells for $550,000 as-is could sell for $700,000 or more after a strategic renovation. Programs like our Renos for Revenue cover the renovation cost upfront and collect payment only at closing, which means you do not need cash in hand to capture that value.
Whatever you decide, make the decision with good information, not under pressure. Get the appraisal. Understand the tax implications. Talk to the other beneficiaries. And if you need guidance, talk to a team that has walked dozens of families through this exact process in Durham Region.
“Canada does not have an inheritance tax, but that does not mean the transfer is tax-free. The CRA treats the deceased as having sold all their assets at fair market value on the date of death.”

Shawn Hinchey
Broker, Hinchey Homes Real Estate Team
RECO registered, TRESA compliant, 18+ years in Durham Region real estate
Published: September 15, 2022





