Estate Transfers of Real Property and “First Dealings”

An exception to the requirement for a Certificate of Appointment

February 2, 2017

When an individual dies owning real estate, their interest in the property will pass into their Estate (subject to rights of survivorship).  Estate transfers under the Land Titles system require the Estate Trustee of the will to apply for and receive a Certificate of Appointment.

The Estate Trustee’s solicitor upon receiving the Certificate of Appointment will register on title a Transmission Application, whereby title to the property will pass to the Estate Trustee.  From there, the property may be conveyed to a beneficiary or a third party by a Transfer by Personal Representative.

There is however an exception to this process that would permit an Estate Trustee to transfer the property without first obtaining the Certificate of Appointment.  The “First Dealings” exception applies when the transmission application is the first dealing with the property after it was converted to Land Titles Conversion Qualified from the Registry system.

If the Estate is modest or does not otherwise require “Probate”, speak to us about the application of this exception to your particular circumstances, which will save the Estate time and money.