Transferring a Deceased Person's House at Alberta Land Titles

After someone dies, their house or land does not simply change names on its own. The title at Alberta Land Titles has to be updated, and the steps depend on how the property was owned. Many people assume a grant of probate is always needed, but that is not the case.

This article explains the two main routes, the documents Land Titles asks for, and a few problems to watch for, such as grants from outside Alberta and mortgages. Every estate is different, so use this as a map and confirm your details with a lawyer.

This article covers the law of Alberta.

Step one: find out how the land was owned

Start by getting a current copy of the title. It will show whether the deceased owned the land alone, with others as joint tenants, or with others as tenants in common. That single detail decides everything that follows.

If you are a surviving joint tenant

Alberta Land Titles lets the surviving owner remove a deceased joint tenant by filing a Statutory Declaration regarding Proof of Death together with an original or notarized death certificate. No grant of probate is needed for this.

Acceptable death certificates include those from Vital Statistics, the Medical Examiner, a funeral director or a cremation certificate.

• A current copy of the title showing the joint ownership.
• The Statutory Declaration regarding Proof of Death.
• An original or notarized death certificate.

Whether the property is also exposed to the deceased's creditors is a separate question that depends on the facts, so ask a lawyer if there are significant debts.

If the land passes through the estate

When the deceased owned as a tenant in common or as sole owner, the land passes through the estate. Land Titles requires an Application for transmission to personal representative, along with an original filed copy of the Grant of Probate or Letters of Administration from the Surrogate Court of Alberta.

A notarized copy of the grant is not acceptable. Order the original filed copy from the court when you receive the grant, so you are not caught short later.

A grant of probate from outside Alberta must be re-sealed by the Surrogate Court of Alberta before Land Titles will accept it.

What the personal representative may then do with the land depends on the will and the circumstances of the estate, so it is worth confirming with a lawyer before selling or transferring it. A personal representative must distribute the estate as soon as practicable and act with the care, diligence and skill of a person of ordinary prudence.

Mortgages, debts and taxes before you sell or distribute

Registering on title is not the end of the job. As between persons claiming through the deceased, a mortgaged property interest is generally primarily liable for its own mortgage debt, unless the will or another document shows otherwise. This does not stop a mortgage lender from pursuing other estate property. An express reference to the mortgage in a will can direct that it be paid from other assets.

A reverse mortgage works differently: the death of the last borrower triggers repayment, and the estate typically has a limited window that may be shorter than the time needed to settle the estate. What an ordinary lender may do on death depends on the mortgage contract and lender policy, so contact the lender early.

Taxes matter too. If the representative distributes assets without a CRA clearance certificate, they are personally liable for unpaid amounts, up to the value of the assets distributed. CRA says a clearance certificate assessment can take up to 120 days if all necessary documents are provided, and CRA may need to audit first, so the timeline is not guaranteed. CRA tells the representative to contact it if there is no word within 120 days.

What to do next

• Get a current title copy and confirm how the land was owned.
• Joint tenant: prepare the Statutory Declaration regarding Proof of Death and an original or notarized death certificate.
• Tenant in common or sole owner: obtain the grant, and order an original filed copy.
• Outside grant: have it re-sealed by the Surrogate Court of Alberta first.
• Contact the mortgage lender and review the will for any mention of the mortgage.
• Think about a CRA clearance certificate before distributing sale proceeds.

A lawyer can confirm the correct forms and sequence for your situation, especially where there are several owners, debts or a mortgage.

Frequently asked questions