How to Transfer a Property After Someone Dies in BC

After an owner dies, the property does not change names on its own. Someone has to apply to the Land Title Office, and the documents depend on how the property was held. An executor, administrator or surviving owner needs to identify the right route first.

This article explains the two main routes, the documents and forms involved, and the property transfer tax codes that commonly appear. It is general information. Fees and processing times change, so confirm current details before you file.

This article covers the law of British Columbia.

Step one: find out how title is held

Order a current title search. If the owners held as joint tenants, the right of survivorship passes the deceased's interest to the survivor. If title shows tenants in common, or a sole owner, there is no survivorship and the deceased's interest vests in the personal representative.

Route A: surviving joint tenant

To transmit title to a surviving joint tenant, the registrar needs filed either a certified copy of the grant of probate or administration, or a certificate of death issued by the appropriate public officer. A grant is not always required, and the application is made on Form 17 with Transmission to Surviving Joint Tenant as the nature of interest.

LTSA's online 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, and if an owner is a corporation, trustee or limited-partnership partner you should contact a legal professional. The filing needs an original government-issued death document, and photocopies, notarized copies and funeral director's certificates are not accepted.

The filing bundles a Property Transfer Tax Return, a land title application and a Land Owner Transparency Act declaration, and registration typically takes 10 to 15 business days. Property transfer tax exemption code 08 (Survivorship) covers a transfer to the survivor of a joint tenancy as a result of the death of a joint tenant.

Some special cases change the result. If the surviving joint tenant also dies before transmitting, title must be registered to that survivor's personal representative. For simultaneous deaths, or where joint tenants die 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.

Route B: personal representative

Under WESA s. 160, the estate vests in a person appointed as personal representative without further declaration or order, and land must be registered in the personal representative's name before further dealings are registered. That includes a sale to a buyer or a transfer to a beneficiary.

• A court-certified copy of the Grant of Probate or Grant of Administration.
• A court-certified disclosure statement listing the deceased's land or charges.
• A Form 17 for each parcel.
• A Property Transfer Tax Return.

Property transfer tax exemption code 09 covers a transfer to a personal representative of the deceased, and code 40 covers a transfer to an estate beneficiary who was a related individual of the deceased at the time of death. Whether a beneficiary or a transfer qualifies depends on the facts, so confirm it before you file.

Moving title on to beneficiaries or a buyer

Once title is in the personal representative's name, the next transfer can be registered. A personal representative must not distribute the estate within 210 days after the grant issues except by court order, though for estates with a will distribution within that time is allowed with the consent of specified parties. Selling the home to a buyer is a separate step that follows registration in the personal representative's name.

Registration costs apply. LTSA lists a registration fee per parcel, a transparency declaration filing fee, and an online service charge plus GST for the survivorship filing. Those amounts change periodically, so check the current fee schedule instead of relying on an old figure.

What to do next

• Obtain several original death certificates early.
• Get a title search and confirm how the property was held.
• Find the will and confirm who the executor is, or speak with a lawyer about applying as administrator.
• Apply for the grant if one is needed, and gather the court-certified copies.
• Prepare the Form 17 and the Property Transfer Tax Return with the right exemption code.
• Ask a lawyer or accountant about any tax owing on the estate before you distribute or sell.

Frequently asked questions