Removing a Deceased Joint Owner From Title in BC: Survivorship Steps

A co-owner has died, and you are on title with them as joint tenants. You may wonder whether the house now belongs to you automatically, and what you still have to file so the land title record shows it.

This guide walks through the survivorship route in British Columbia: how survivorship works, who can use the LTSA online application, what documents you need, what it costs, and the special cases that change the steps. It is general information, not advice on your own file.

This article covers the law of British Columbia.

How the right of survivorship works

A true joint tenancy requires identical interests, with the four unities of title, time, possession and interest. When a joint tenant dies, the right of survivorship passes their interest to the surviving joint tenant or tenants.

That is why a surviving joint tenant often does not need a grant of probate or administration. The registrar needs filed either a certified copy of a grant, or a certificate of death issued by the appropriate public officer, and the application is made on Form 17 with Transmission to Surviving Joint Tenant as the nature of interest.

If you hold as a trustee, a true joint tenancy is not established. If you and the deceased were tenants in common, there is no survivorship. The deceased's interest vests in the personal representative, and the land must be registered in that person's name before further dealings are registered. That route needs a court-certified grant, which is a different process from this one.

Can you use the LTSA online application?

The LTSA online Transmission to Surviving Joint Tenant application is for owners who are individuals holding as joint tenants. It does not apply if title shows tenants in common or no tenancy type. If an owner is a corporation, a trustee or a limited-partnership partner, the LTSA says to contact a legal professional.

Check your title search first to see how the owners are shown.

Documents, tax return and declaration

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.

The application bundles a Property Transfer Tax Return, a land title application and a Land Owner Transparency Act declaration. For the tax return, exemption code 08 (Survivorship) covers a transfer to the survivor of a joint tenancy as a result of a joint tenant's death. It does not apply to additional property transfer tax.

• A recent title search showing how the owners hold title
• The original death certificate (or Grant of Probate), not a copy
• The details you will need for the Property Transfer Tax Return, the land title application and the Land Owner Transparency Act declaration that the application bundles
• The parcel details for each property you are transmitting

Fees and timing

The LTSA lists these fees for a survivorship transmission: an $82.52 registration fee per parcel, a $10.30 transparency declaration filing fee, and a $3.40 online service charge, plus 5% GST. There is no fee to file the Property Transfer Tax Return. Fees change from time to time, so confirm the current amounts before you file.

Registration typically takes 10 to 15 business days.

Special cases to watch for

• More than two joint tenants: when one dies, the survivors continue to hold as joint tenants.
• The survivor dies before transmitting: title must be registered to that survivor's personal representative, filing 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.
• A judgment registered against the deceased: registering a judgment against one joint tenant does not sever the joint tenancy, and if the judgment debtor dies, the survivor takes free of the judgment.
• A mortgage by one joint tenant: the registrar requires severance before registering a mortgage of one tenant's own interest, and a mortgage of own interest or an assignment in bankruptcy are severing events. Check title for any severance, since it would change the survivorship analysis.

What to do next

• Get a current title search and confirm the tenancy type and every registered owner.
• Order original death certificates early, since copies are not accepted.
• Check whether any owner is a corporation or trustee, or whether the deaths were close together.
• Review the fees and the declaration details before you start the online application.
• Speak with a lawyer if title is unclear, a judgment or mortgage is registered, or the case falls outside the online application.

Frequently asked questions