How Do I Transfer a House Into My Name After the Owner Dies in Ontario?
The steps depend on how the house was owned. If it was held jointly, ownership passes automatically to the survivor, and the change is recorded at the land registry, for example through a survivorship application. If the owner held it alone, the house vests in the estate trustee, who holds it for the people entitled.
Probate, a Certificate of Appointment of Estate Trustee from the Superior Court of Justice, is normally required where the deceased owned real property. There are exceptions: an estate of $150,000 or less may apply for a Small Estate Certificate, and for some Land Titles Conversion Qualified properties a certificate is generally not needed for the first dealing since conversion, though an indemnity covenant must be provided whenever no certificate is applied for.
Registering an electronic document such as a transmission, survivorship application or transfer costs $85.00, rising to $86.42 from November 2, 2026. A transfer from the estate trustee to a beneficiary in satisfaction of their share is not taxed, but tax can apply to an assumed mortgage or a buyout of other heirs. A lawyer can confirm which documents your registry needs.
Key takeaways
- A house held jointly passes automatically to the survivor, and the change is recorded at the land registry.
- A house held by one owner vests in the estate trustee, and probate is normally required where the deceased owned real property.
- A survivorship application must include a Family Law Act statement where a spouse died owning an interest in a family residence as a joint tenant with a third party, and under the bulletin only a solicitor can make and sign it.
- Registering an electronic document costs $85.00 now and rises to $86.42 from November 2, 2026.