Survivorship Applications in Ontario

When property is registered in the names of two or more owners as joint tenants, the interest of a deceased joint tenant may pass to the surviving joint owner or owners through the right of survivorship.

A survivorship application is registered on title to remove the deceased joint owner’s name and show the surviving joint owner or owners as the registered owners of the property. The application records the effect of the right of survivorship; it is not an ordinary sale or transfer of the property. 

Nobari Law Professional Corporation assists surviving joint owners with survivorship applications for Ontario properties.

A survivorship application may be used when:

• two or more people are registered as joint tenants; 
• one of the registered joint tenants has died; 
• the right of survivorship applies; and 
• acceptable proof of death and the required registration information are available. 

Ontario’s Land Titles Act permits the land registrar to remove the name of a deceased joint tenant where the parcel register shows that the deceased owner’s interest passed to the surviving owner or owners by right of survivorship. 

Joint tenancy generally includes a right of survivorship. When one joint tenant dies, the deceased owner’s registered interest may pass to the surviving joint owner or owners. A survivorship application may then be registered to update title.

Tenancy in common does not include a right of survivorship. The deceased owner’s interest generally forms part of their estate, and an estate title application or other legal process may be required.

A Certificate of Appointment of Estate Trustee is generally not required solely to register a straightforward survivorship application where the property was held as joint tenants and the right of survivorship applies.

Ontario’s probate guidance distinguishes real property that passes by right of survivorship from real property that remains part of the deceased owner’s estate. Probate may still be required for other property or assets belonging to the deceased. 

A survivorship application may not be appropriate where:

• the deceased was registered as the sole owner; 
• the owners held title as tenants in common; 
• the joint tenancy was severed before death; 
• the ownership or right of survivorship is disputed; 
• the registered ownership information is unclear; or 
• family-law or other legal considerations affect the deceased owner’s interest. 

For example, Ontario’s Family Law Act may affect a joint tenancy where a deceased spouse owned an interest in a matrimonial home jointly with someone other than their spouse. The required registration statements therefore depend partly on the deceased owner’s marital circumstances. 

Separate legal advice may be required where there is a disagreement concerning ownership, severance of the joint tenancy, or entitlement to the property.

The surviving owner may be asked to provide:

• valid, current identification and any additional documents required for identity verification; 
• the property’s municipal address; 
• acceptable proof of the deceased owner’s death; 
• the deceased owner’s full legal name and date of death; 
• information about the surviving owner or owners; 
• information concerning the deceased owner’s marital status; 
• a recent property-tax bill; 
• mortgage or secured line-of-credit information, where applicable; and 
• any available title, purchase, or ownership documents. 

Electronic registration rules require the application to identify the deceased joint tenant, include proof of death acceptable to the land registrar, and contain the required statement concerning spousal rights under the Family Law Act. 

Additional information may be required depending on the registered title and the circumstances of the property ownership.

Do not send original documents, identification, complete account numbers, passwords, or other sensitive information unless requested by Nobari Law Professional Corporation. If requested, please use the document-sending method confirmed by the firm.

A survivorship application does not remove an existing mortgage, secured line of credit, lien, or other registration affecting the property.

The surviving owner or owners take the property subject to registrations that continue to affect title. Clients should contact their lender or mortgage professional regarding any notice, account, insurance, or financing requirements arising from the death or ownership change. 

Once the survivorship application is registered, the deceased joint owner’s name is removed from the parcel register and the surviving joint owner or owners remain shown as the registered owners.

The surviving owner should separately consider whether other records should be updated, such as:

• property-tax accounts; 
• property insurance; 
• condominium records; 
• utility accounts; and 
• lender or mortgage records. 

These updates are separate from registering the survivorship application on title.

Depending on the registered ownership and circumstances, Nobari Law Professional Corporation may assist with:

• reviewing the registered ownership as required; 
• reviewing the available proof of death and property information; 
• preparing the survivorship application and required statements; 
• obtaining the surviving owner’s authorization and signatures; 
• registering the survivorship application; 
• addressing registration requirements that arise during the process; and 
• reporting to the client after registration. 

A survivorship application relates to updating registered title following the death of a joint owner. Probate applications, estate administration, ownership disputes, mortgage changes, tax advice, and other estate or property matters may require separate legal services.

A survivorship application can update the registered ownership of property after the death of a joint tenant. The appropriate process depends on how title is registered and whether the right of survivorship applies.

Contact Nobari Law Professional Corporation to discuss a survivorship application for property located in Ontario.