What Happens to Jointly Owned Property When One Owner Dies in BC?
This answer covers the law of British Columbia.
Usually, yes. When one joint tenant dies, the survivor takes the deceased's interest. That property generally sits outside the estate, because the rules on how land passes to the personal representative apply unless there is a right to land by survivorship.
To record this at the Land Title Office, the survivor files an application with a certified copy of the grant of probate or administration, or a certificate of death, using Form 17 and selecting 'Transmission to Surviving Joint Tenant'. The online option needs all owners on title to be individuals holding as joint tenants, and accepts only an original death certificate or grant of probate. The fee is $82.52 per parcel. A legal professional is needed if any owner is a corporation, trust trustee or limited partnership partner.
Title matters. Land transferred to two or more people is held as tenants in common unless the instrument shows a contrary intention, other than where they are personal representatives or trustees, and once a joint tenancy is severed there is no survivorship. Special rules apply if owners die within 5 days of each other. An adult child added to a parent's joint account is presumed to hold it on resulting trust, and the survivor must prove the parent intended survivorship.
Key takeaways
- When a joint tenant dies, the survivor takes the deceased's interest, and survivorship property generally sits outside the estate.
- To register the change at the Land Title Office, the survivor files Form 17 with a certified copy of the grant of probate or administration, or a certificate of death.
- The online application accepts only an original death certificate or grant of probate, and the registration fee is $82.52 per parcel.
- If the surviving joint tenant dies without transmitting, title goes to that survivor's personal representative, and judgments naming the deceased as debtor must be listed on the Form 17.