Removing a Deceased Joint Owner From Title in Ontario

After a joint owner dies, the survivor often assumes the house is automatically theirs on paper. Ownership may pass by survivorship, but the land registry record still shows the deceased's name until it is updated.

This article walks through the usual steps and documents for a survivor in Ontario, what changes if the owners were tenants in common, and when it makes sense to involve a lawyer.

First, confirm how title was held

A joint tenant's death passes the share to the surviving co-owners, but a tenant in common's share does not and becomes part of that person's estate. Each owner is listed on title as one or the other, so the registration decides which applies.

Get a copy of the parcel register and read how the owners are described. If the deceased held as a tenant in common, a survivorship application is not the right route, and the estate trustee will usually be involved instead.

The survivorship application

Where the property is registered in Land Titles, the surviving joint owner applies to have the deceased's name deleted from the parcel register. The official form is the Survivorship Application (Under Section 123 of the Land Titles Act), with a supporting affidavit.

Land Registry guidance says the survivor states that they held the property as joint tenant with the deceased, that by right of survivorship they are entitled to be owner, and the date of death.

Older records, conversions and mortgages

Some land was converted from the old Registry system. If the surviving joint tenant never deposited a declaration of death, a survivorship application with appropriate proof of death will be required. If the survivor conveyed to a buyer after a proper declaration of death, only the buyer would be shown as owner on conversion.

Mortgages are a separate question. An older bulletin from 1996 says a survivorship application is not needed before registering a discharge of a charge signed by a surviving joint chargee. That deals with a surviving lender-side owner, not a borrower, and practice may have changed, so confirm with a lawyer.

If there is a mortgage on the home, your lender's own requirements after a death are a matter to raise with the lender and your lawyer.

Estate tax and when an estate is involved

For Estate Administration Tax, Ontario excludes jointly owned assets that automatically become the other owner's on death. Real estate passing by survivorship is therefore not counted in the estate value.

Probate is different. An estate normally must be probated if the deceased owned real property, and one listed case is real property that does not pass to another person by right of survivorship. A house that passes by survivorship may therefore not itself require probate, but the deceased may have owned other assets, so check the whole picture.

Tax is a separate issue from probate. Whether a capital gain arises, and whether the principal residence exemption applies, depends on the facts. A property qualifies as a principal residence if the deceased owned it alone or jointly. An accountant can confirm how this applies to the final return.

Do you need a lawyer, and what to do next

The application includes statements that carry legal responsibility, and the paperwork has several parts. Whether you handle it yourself or get help depends on your property and how it is registered, so it is worth confirming the process with a lawyer before you start.

• Order a copy of the parcel register and confirm the owners are joint tenants.
• Obtain the death certificate or other accepted proof of death.
• Note the date of death and whether you and the deceased were spouses.
• List any mortgage, lien or other charge on title.
• Find out whether the deceased owned other assets in their sole name that may need an estate trustee.
• Speak with a lawyer about how to prepare and register the application for your property.

Frequently asked questions