The short version: the exact documents depend on which situation applies — probate, Power of Attorney, or Committee of the Estate — but most estate sales require some combination of the items below. Gathering these early, before you're ready to list, saves real time later.
For a probate sale (executor or administrator)
- Original will (if one exists) and the death certificate
- Grant of Probate (or Grant of Administration if there's no will) — this is generally required before the Land Title Office will register a transfer
- Court forms filed as part of the probate application, including the Notice of Proposed Application, the Submission for Estate Grant, the Affidavit of Applicant, and the Affidavit of Assets and Liabilities — your estate lawyer or notary prepares these, but it helps to know they exist
- Property title details and any existing mortgage information
- Current property tax records
- A general inventory of the estate's assets and debts, which your lawyer will likely already be compiling
For a Power of Attorney sale
- The original enduring Power of Attorney document, properly executed and witnessed
- Confirmation the POA is filed with (or acceptable to) the Land Title Office — not every POA document qualifies; see our Power of Attorney & Real Estate guide
- Identification matching the name on both the title and the POA document
For a Committee of the Estate sale
- The court order appointing the Committee
- Separate court approval specifically authorizing the sale of the real property — see our Committee of the Estate guide for why this is usually a distinct step
General documents every estate sale benefits from
- Any existing mortgage statements or payout information
- Home insurance details, especially confirmation of vacant-property coverage if applicable
- Utility account information
- Any known strata documents, if the property is a condo or townhome
What Mark Jontz actually helps with here
Most executors and attorneys have never gathered any of this before. Mark Jontz works directly with the estate's lawyer or notary to confirm exactly what's needed before listing, so nothing holds up a sale that's otherwise ready to move forward.
This page provides general information only and is not legal, financial, or tax advice. Please consult a lawyer, notary, or accountant about your specific situation.