When one of two joint owners of a home dies, the property usually passes to the survivor automatically. The land registry, however, still shows both names until something is filed. The document that removes the deceased owner from title is called a survivorship application. This page explains when it applies and how it is done in Ontario. Law Wise is based in Mississauga and serves the entire GTA and Ontario.
Joint tenants and tenants in common
Two or more people can own land together in two ways, and the difference decides everything that follows. Your deed or parcel register states which applies.
- Joint tenants. Each owner owns the whole together with the others. When one dies, that owner’s interest ends and the survivor owns the property. This is the right of survivorship. The property does not pass under the deceased’s will. Most married couples hold their home this way.
- Tenants in common. Each owner has a separate share, equal or unequal. When one dies, that share forms part of their estate and passes under their will or the intestacy rules. There is no right of survivorship.
What the Land Titles Act provides
- Joint tenants. Where one of two or more registered joint owners has died and the interest has passed to the survivor by right of survivorship, the land registrar may, on an application containing the required evidence, delete the name of the deceased owner from the parcel register (s 123).
- Tenants in common. Where a tenant in common dies, the personal representative, or the person entitled to the share, may be entered as owner with the surviving owners (s 122).
- Sole owner. On the death of a sole registered owner, the person entitled is registered in the deceased’s place on application (s 120).
Source: Land Titles Act, RSO 1990, c L.5, ss 120, 122 and 123. Read on e-Laws on 11 October 2026 (e-Laws currency date 7 October 2026).
What a survivorship application involves
In Ontario, documents affecting title are registered electronically, and a survivorship application is prepared and registered by a lawyer through the electronic registration system. The application identifies the property and the deceased owner, states the date of death, and contains the statements the land registry requires, including statements about the deceased’s spousal status and whether the property was a matrimonial home. The lawyer needs proof of death and must be satisfied of the facts stated. Once the application is registered, the parcel register shows the survivor as sole owner.
- Confirm how title is heldWe search title to confirm that the owners were joint tenants and to check for mortgages or other registrations.
- Gather the evidenceProof of death, identification, and information about the deceased’s marital status.
- Prepare and signWe prepare the application and the survivor signs an authorization.
- RegisterThe application is registered electronically. A registration fee is payable to the land registry.
- ConfirmWe give you an updated parcel register showing the change.
Probate, tax and timing
Because a joint tenant’s interest passes by survivorship and not under the will, a certificate of appointment of estate trustee is generally not needed to deal with that property, and its value is not included when estate administration tax is calculated. Land transfer tax is generally not payable on a survivorship application, because the survivor is not buying anything. There is no fixed deadline for registering a survivorship application, and title is not lost by delay. It is still sensible to register it within a reasonable time. You will need clear title to sell or refinance, the facts are easier to prove while documents are at hand, and if the survivor also dies before the first death has been dealt with, the survivor’s estate trustee has two steps to complete. Tell your property insurer and the municipality about the death as well. A mortgage on the property is not affected by the application and continues to bind the survivor. Income tax is a separate question. A transfer between spouses on death generally does not trigger tax at that time, but where the joint owners were not spouses, for example a parent and an adult child, the deceased’s share may be treated as sold at its value on death. Ask your accountant.
When survivorship does not apply as expected
- The owners were tenants in common. The deceased’s share is in the estate. A transfer usually needs a certificate of appointment of estate trustee. See probate.
- The joint tenancy was severed. A joint owner can end the joint tenancy during their lifetime, for example by transferring their interest to themselves. Title must be checked before assuming survivorship applies.
- A parent added an adult child to title. If the child paid nothing, the law may presume the child holds the interest in trust for the parent’s estate, unless a gift was intended. Other children may dispute who is entitled. See estate litigation.
- A matrimonial home owned with someone other than the spouse. The Family Law Act contains a rule that can sever a joint tenancy in a matrimonial home held with a third person immediately before death, so that the share falls into the estate.
- Both owners have died. Title passes through the estate of the one who died last, and both deaths must be dealt with on title.
- The property is still in the older Registry system. Different documents and evidence apply.
After the application: plan for the survivor
Once the survivor is the sole owner, the home will pass under the survivor’s own will, and it will be part of the estate for probate. This is the moment to review the survivor’s will and powers of attorney, to consider whether to add another owner and what the risks of doing so are, and to update beneficiary designations. See estate planning.
How Law Wise helps
- Searching title and confirming how the property is held.
- Preparing and registering the survivorship application.
- Advising where title turns out to be held as tenants in common, or where the joint tenancy is disputed.
- Registering a transmission by an estate trustee where the property is in the estate.
- Acting on a later sale, transfer or refinancing. See real estate.
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about survivorship applications
My spouse died and we owned our home jointly. Do I need probate?
Generally not for the home, if you held it as joint tenants. A survivorship application removes your spouse’s name from title. Probate may still be needed for other assets that were in your spouse’s name alone.
Is there a deadline to remove my spouse’s name?
No fixed deadline applies. It should be done within a reasonable time, and it must be done before you can sell or refinance.
Do I pay land transfer tax?
Generally no. The survivor is not acquiring the property for payment. A registration fee is payable to the land registry.
How do I know if we were joint tenants?
The transfer by which you took title, and the parcel register, state it. We confirm this with a title search before preparing the application.
My mother added me to her house before she died. Is it mine?
It may be. If you paid nothing for your interest, the law presumes you hold it for her estate unless the evidence shows she intended a gift to you. Documents made at the time of the transfer are important. Get advice before dealing with the property.
Can I do the application myself?
Registration is done through the electronic land registration system, which is used by lawyers and other authorized users. The statements in the application are made on the lawyer’s responsibility, so in practice a lawyer prepares it.
Need to update title after a death?
Bring the death certificate, your identification and any documents you have for the property. We will confirm how title is held and what needs to be registered.
This page is general legal information for Ontario, current as of 11 October 2026. It is not legal or tax advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.