Does jointly owned property have to go through probate when one owner dies in Ontario?
In Ontario, property held in joint tenancy — not tenancy in common — passes automatically to the surviving joint tenant by right of survivorship when one owner dies. This transfer happens by operation of law and does not require a probate certificate.
To transfer title at the land registry, the surviving joint tenant typically files a death certificate and an affidavit of survivorship rather than a probate certificate. This is generally faster and simpler than the full probate process and avoids estate administration tax on the property's value (since the asset does not form part of the estate).
It is important to distinguish joint tenancy from tenancy in common: tenants in common each own a defined share that passes through their estate (and often requires probate), not to the co-owner automatically. The nature of the co-ownership is set out in the transfer or deed. If you are unsure how a property is held, a real estate or estate lawyer can review the land registry records.
Key takeaways
- Joint tenancy property passes to the surviving owner by survivorship — no probate needed.
- The survivor files an affidavit of survivorship at the land registry, not a probate certificate.
- Tenancy in common does not include survivorship rights — shares pass through the estate.
- Confirm the nature of co-ownership by reviewing the property's deed or title.