How to Transfer a House After Death at Manitoba Land Titles

When a parent who owned a house alone dies, the title does not move on its own. Someone has to ask Land Titles to change the name on record, and that someone is usually the executor or the administrator.

This article walks through the usual route in Manitoba, the documents involved and the situations where the steps differ. Details can vary with the estate, so a lawyer can confirm the right path for your file.

This article covers the law of Manitoba.

Start with the court grant

Transferring a deceased sole owner's house requires a court grant, either probate or administration, so that a personal representative can apply to Land Titles. Which kind of grant applies depends on the facts of the estate, including whether there is a will, so a lawyer can confirm the right application for your situation.

The grant is the starting point for dealing with Land Titles, because a notarial copy of it is filed with the transmission. How this affects selling, transferring or mortgaging the house depends on your situation, so it is worth confirming with a lawyer before you commit to any plan for the property.

The two-step process: transmission, then transfer

A notarial copy of the grant is filed with a transmission that vests title in the personal representative, and then a transfer moves the property to the beneficiaries. The transmission and the transfer can be filed together. Title issued to an executor or administrator names the holder in that capacity.

If the house is being sold rather than kept, how the steps work for a sale to a buyer depends on the facts. It is worth confirming the sequence with a lawyer, who can also explain how it differs from the transfer to beneficiaries described above.

How filing works and when it takes effect

Land titles registrations in Manitoba are electronic and run through Teranet Manitoba, and the Law Society has eRegistration rules for lawyers who register documents. Who prepares and submits the filings in your case depends on your situation, and a lawyer can explain what is involved.

Under The Real Property Act, registration is completed when the certificate of registration is signed or the data is accepted in the electronic system, and it takes effect from the day the instrument is assigned a serial number. The Act's stated purpose is to simplify the title to land, give certainty to it, facilitate proof of it and expedite dealings with it.

The Act also deals with transmission on death, including a death between execution and registration of a document. It sets out priority of registration and the rules for caveats as well.

When the steps are different

• Joint owners: where land is held in joint tenancy and one owner dies, the survivor can apply to be registered as owner by request without going through the estate, and that application can be folded into a transmission application. Confirm the current section with Land Titles.
• Small estates: Law Society material notes that for small estates an administration order can vest land directly in the beneficiary without a transmission to the representative. The threshold should be verified before you rely on it.
• Grant from another province: an out-of-province executor dealing with Manitoba land may need to reseal the grant or obtain an ancillary grant in Manitoba.
• Land transfer tax: no land transfer tax is payable on a transmission into the name of a deceased owner's personal representative, though this should be confirmed with Land Titles.

A later transfer to a beneficiary or buyer is a separate question, so ask a lawyer whether tax or fees apply to that step.

What to do next

• Find the will, if there is one, and a recent copy of the title or property details.
• Confirm whether the deceased owned alone or jointly with someone.
• Apply for probate or administration, or have a lawyer do so.
• Order the notarial copies of the grant that you will need for filing.
• Decide with the beneficiaries whether the house will be kept or sold.
• Ask a lawyer to prepare the transmission and transfer so they can be filed together if appropriate.
• Keep the house insured and secure while the process is underway.

Frequently asked questions