How is jointly owned property handled when one owner dies in Manitoba?

This answer covers the law of Manitoba.

Whether jointly owned property passes straight to you or becomes part of the estate depends on how it was held and on the wording of the title or account agreement. A right of survivorship means a deceased owner's share goes to the surviving owner instead of through the estate. Whether a house, bank account or vehicle has that feature, and how tenancy in common or a joint account is treated, is worth confirming with a lawyer.

Survivorship also matters when a surviving spouse or common-law partner applies for an accounting and equalization on death, a right that covers both married spouses and common-law partners. The survivor's own assets are exempt from that accounting, including jointly held property passing by survivorship. The deceased's assets, however, include jointly held property with survivorship rights going to others, to the extent no adequate consideration was received.

Only the survivor may apply, and the limitation period is six months from the grant of probate or letters of administration. The court may extend that period in some situations, such as when the survivor did not learn of the death in time. Because deadlines apply, get advice early.