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№ 22 Wills & Estates

Land Registry and Court Costs of a Survivorship Application in Ontario

See what government and third-party costs come with a survivorship application in Ontario, from title searches to estate tax, and which costs you may avoid.

Wills & Estates5 min readTSLBy the Treadstone Law Team · OntarioUpdated November 6, 2026
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Key takeaways
  • A survivorship application is a land registry step rather than a probate application, and a true joint tenancy home can be dealt with without a Certificate of Appointment of Estate Trustee.
  • Jointly owned property that passes automatically to the other owner is not counted for estate administration tax.
  • Income tax on death can still apply even when property passes by survivorship.

If you are the surviving owner of a home, you may be trying to work out what the transfer will cost in government charges and other third-party costs. This article does not cover lawyer fees. It covers the registry, court, tax and search costs that sit around a survivorship application.

Some amounts change from year to year, and not every figure is fixed in advance. Where an amount depends on the current fee schedule or on your facts, this article says so, and you should confirm it before budgeting.

Why a survivorship transfer can cost less than an estate transfer

Under Land Titles Act s. 123, a survivorship application is a land registry step, not a probate application. A house held in true joint tenancy by a surviving owner can be dealt with without a Certificate of Appointment of Estate Trustee. That means the court-based costs of getting an estate certificate usually do not arise for the house itself.

Estate administration tax follows the same logic. For applications on or after January 1, 2020, there is no tax on an estate worth $50,000 or less, and above that the tax is $15 for every $1,000 (or part) of the estate's value. Jointly owned property that passes automatically to the other owner is not included in the estate value.

Costs you can usually identify

ItemWhat to know
Parcel register copyListed at $37.10 including HST, plus $2.56 for each additional page, in the fee schedule effective November 2, 2026; confirm the current fee on OnLand
Registration of the survivorship applicationThe amount depends on the current fee schedule, which is worth confirming before you budget
Land transfer taxWhether it applies to your particular transfer depends on the facts, so confirm with a lawyer or accountant
Proof of death documentsCosts vary by provider and by how many copies you need

Anyone can self-search land records through OnLand for a fee or order certified copies, but ServiceOntario cannot search or explain the records for you. A search is a sensible first expense, because it shows how title was held before you spend anything else.

When estate costs can still appear

The lower-cost route depends on the home being a true joint tenancy. Spouses and unmarried partners hold as joint tenants only if the deed says so, and land conveyed to two or more people is otherwise presumed to be held as tenants in common. A tenant in common's share does not pass by survivorship.

If an estate certificate is needed, a Small Estate Certificate can be sought for an estate valued at up to $150,000, and above that the application is for a Certificate of Appointment of Estate Trustee. The estate tax is due on the day the certificate is issued, and the Estate Information Return must be filed within 180 calendar days after that.

Income tax and other costs outside the registry

A deceased person is considered to have sold all their capital property just before death, which may produce a capital gain on their final return, and this applies even when the property passes by survivorship. Property transferred to a surviving spouse or common-law partner resident in Canada can roll over without immediate gain if it is locked in for them within 36 months of death, and some or all of the gain on a principal residence may be exempt.

If adding a child to title is a gift of capital property, the person giving it is considered to have sold it at fair market value when it is given and must report any capital gain for that year. Whether an adult child added to title is treated as receiving a gift depends on the intention behind the transfer, because the starting presumption is that the child holds the asset in trust. The automatic rollover for gifts applies to a spouse or common-law partner, not to children, except for qualifying farm or fishing property. An accountant can tell you whether this affects your family.

What to do next

Frequently asked questions

Is there a court fee for a survivorship application?

A survivorship application is made to the land registrar, not to the court, and it is a land registry step rather than a probate application. A true joint tenancy home can be dealt with without a Certificate of Appointment of Estate Trustee.

Will I pay estate administration tax on a jointly owned home?

Jointly owned property that passes automatically to the other owner is not counted in the estate value. The exception is a joint asset the survivor holds on resulting trust for the estate, which does not escape the tax.

How much does a parcel register copy cost?

The listed fee is $37.10 including HST, plus $2.56 for each additional page, in the fee schedule effective November 2, 2026. Confirm the current amount on OnLand before relying on it.

Can capital gains tax apply even if the house passes by survivorship?

Yes, the deemed sale on death applies even when property passes by survivorship. A transfer to a surviving spouse or common-law partner resident in Canada can roll over without immediate gain if it is locked in for them within 36 months of death.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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