How Do You Remove a Deceased Joint Owner From a Mortgage and Title in Ontario?

Generally, you update title with a survivorship application to the land registry, not with probate, but the mortgage is a separate question that depends on your mortgage terms and your lender. Where land was held as joint tenants and one owner dies, the land registrar may delete the deceased owner's name from the parcel register on an application with the evidence the Director of Titles specifies.

The application can use Forms 42 and 43 of Regulation 690 or statements that you held the property as joint tenants with the deceased, that you are entitled by survivorship, and the date of death. If the death was on or after March 1, 1986, a Family Law Act statement is also needed, and only a solicitor may make and sign it. Proof of death is required where no death declaration was recorded.

Whether the lender must be told, whether you can keep the mortgage, or whether you must refinance depends on the mortgage documents, so check with the lender and a lawyer. If the deceased was the last surviving joint owner, or held as a tenant in common, the share goes to the estate's representative instead.