Can an estate claim the principal residence exemption?
Emma Jordan
Published Apr 21, 2026
Ordinarily, the CGT main residence exemption is available on a disposal of the deceased’s main residence by the executors or estate beneficiaries provided they ceased to own the property within 2 years of the date of death.
How do you avoid probate on principal residence?
You can minimize probate fees by moving assets outside of your estate before you die. For example, this can be done before you die by giving assets away, by transferring assets to trusts or just by spending your assets before you die.
Can a principal residence be sold within one year of death?
Possibly because the real estate commissions are deductible from the gain so it would be unusual for a property sold within one year of death to have a taxable gain. However, in some real estate markets such as Vancouver, this is not out of the question. Others may be confused because of the principal residence “plus one year” rule.
How is the sale of a decedent’s home taxed?
Sale of decedent’s residence in an estate When a decedent’s residence becomes an asset of an estate, the tax treatment of the sale of the residence will depend whether the executor sells it during the course of the administration of the estate or whether the beneficiary sells it after receiving it.
When to report sale of decedent’s residence?
Specific answer for where the sale of the decedent’s residence is sold in the FINAL year of filing for either the decedent or the decedent’s estate. NOTE that the sale of a decedent’s personal residence is reported on FORM 1041 and not Form 1040 if the Estate sells the home.
What happens to the estate of a deceased person?
This fair market value at death becomes the estate’s cost and when the estate finally sells the assets, the estate will be taxed on any gain from the date of death. This includes a real estate property which was the deceased’s principal residence, but has remained vacant since the date of death.