What happens to jointly owned property when one owner dies without a will in Ontario?
Property held in "joint tenancy" (with a right of survivorship) passes automatically to the surviving joint owner when the other owner dies, regardless of what a will or the intestacy rules say. This is one of the most commonly misunderstood aspects of estate planning. Because the transfer happens by operation of law, joint property never becomes part of the deceased's estate.
For example, if a married couple jointly owns a home and one spouse dies, the surviving spouse becomes the sole owner automatically. No estate administration, probate, or court order is needed for that property.
However, property held as "tenants in common" — a different form of co-ownership — does not have a right of survivorship. Each owner's share forms part of their estate and is distributed according to their will or, if there is none, the intestacy rules. The distinction between these two forms of ownership matters enormously, and it is worth confirming how your property is registered.
Key takeaways
- Joint tenancy property passes automatically to the surviving owner, bypassing the estate.
- This automatic transfer applies regardless of whether there is a will.
- Tenants-in-common shares do NOT pass automatically and go through the estate.
- How property is registered determines which rule applies.