What Happens to a Jointly Owned House When an Owner Dies in British Columbia?

When a co-owner dies, the first question is whether the house passes automatically to you or becomes part of their estate. The answer turns on how title was held, not on what the will says.

This article explains both paths, the Land Title Office filings, and the exceptions that catch people out. Your own title and family facts decide the outcome, so confirm them with a lawyer.

This article covers the law of British Columbia.

First, check how title is held

Look at a current title search. A true joint tenancy has identical interests, and on a joint tenant's death the right of survivorship passes the interest to the survivor or survivors. If title shows tenants in common, or no tenancy type, the survivorship route does not apply.

Joint tenancy is not presumed. People who receive land together are tenants in common unless a contrary intention appears in the instrument. That is why checking title matters.

If you were joint tenants

To transmit title to the surviving joint tenant, the registrar needs either a certified copy of the grant of probate or administration, or a certificate of death issued by the appropriate public officer. A grant is not always required, and the application is made on Form 17 with Transmission to Surviving Joint Tenant as the nature of interest.

• More than two joint tenants: the survivors continue to hold as joint tenants after one dies.
• The survivor also dies before transmitting: title must be registered to that survivor's personal representative, with the first death certificate and the documents required under s. 265 or s. 266.
• Simultaneous deaths, or deaths within 5 days of each other (deaths after March 30, 2014): s. 5 or s. 10 of the Wills, Estates and Succession Act applies instead of simple survivorship.

Joint tenancy can also have been severed earlier, for example by a mortgage of one owner's own interest or an assignment in bankruptcy. A judgment against one joint tenant does not sever it, and the survivor takes free of the judgment.

If you were tenants in common, or the deceased was sole owner

Where there is no survivorship, the deceased's interest vests in the personal representative. Under WESA s. 160 the estate vests in a person appointed as personal representative without further declaration or order, and land must be registered in the personal representative's name before further dealings are registered.

To do that, the Land Title and Survey Authority requires a court-certified copy of the Grant of Probate or Grant of Administration, a court-certified disclosure statement listing the deceased's land or charges, a Form 17 per parcel, and a Property Transfer Tax Return. Who inherits the share then follows the will, or the intestacy rules if there is no will.

A personal representative must not distribute the estate within 210 days after the grant issues except by court order, though for estates with a will distribution is allowed with the consent of specified parties.

Filing details and costs for survivorship

The online Transmission to Surviving Joint Tenant application is for owners who are individuals holding as joint tenants. If an owner is a corporation, trustee or limited-partnership partner, contact a legal professional.

The filing needs an original government-issued death document, either a death certificate or a Grant of Probate. Photocopies, notarized copies and funeral director's certificates are not accepted. It bundles a Property Transfer Tax Return, land title application and Land Owner Transparency Act declaration, and registration typically takes 10 to 15 business days.

At the time of writing, fees are a $82.52 registration fee per parcel, a $10.30 transparency declaration filing fee and a $3.40 online service charge plus 5% GST, with no fee to file the Property Transfer Tax Return. These amounts change periodically. Property transfer tax exemption code 08 covers a transfer to the survivor of a joint tenancy as a result of a joint tenant's death.

What to do next

• Order original death certificates.
• Get a current title search and confirm joint tenancy or tenants in common.
• Check for other owners, a second death or a close timing of deaths.
• Ask whether a grant of probate or administration is needed.
• Notify the mortgage lender and insurer.
• Have a lawyer review the filing if anything on title is unusual.

Frequently asked questions