Toronto Survivorship Lawyer
Survivorship Application Lawyer Ontario: Property Title After the Loss of a Loved One
When a property is owned jointly with right of survivorship and one owner passes away, the surviving owner automatically inherits the deceased owner’s share of the property. This is a fundamental principle of joint tenancy in Ontario property law. However, the legal title at Ontario’s Land Registry System must be formally updated through a survivorship application to remove the deceased owner’s name from the registered title.
The survivorship application process is typically faster, simpler, and less expensive than going through the full probate process for the property. However, it still requires careful legal documentation prepared by a qualified Ontario lawyer. The application must be supported by the original death certificate or a certified copy, along with the appropriate forms and declarations filed with the Land Registry System.
Without a properly registered survivorship application, the title remains in the deceased owner’s name, which can create complications for future sales, refinancing, or mortgage transactions. At Sarkaria Sethi LLP, we help surviving owners across the GTA complete survivorship applications efficiently and correctly.
Frequently Asked Questions
What is a survivorship application?
A survivorship application is a legal document filed with Ontario’s Land Registry System to remove a deceased joint owner from a property title. It confirms that the surviving joint tenant now holds full legal and beneficial ownership of the property.
How is this different from probate?
A survivorship application is faster, simpler, and less expensive than probate because the property passes automatically to the surviving owner by right of survivorship. It does not form part of the deceased’s estate. However, a lawyer must still prepare and register the application.
How long does the process take?
A standard survivorship application takes one to two weeks from the date all required documents including the death certificate and supporting affidavits are submitted to the Land Registry System.
Do I need a lawyer for this?
Yes. Ontario law requires a lawyer to prepare and register the survivorship application with supporting evidence of the death and the joint ownership structure. This is not a do-it-yourself process.
Get a Free Legal Consultation
Contact Sarkaria Sethi LLP at 905-440-1220 or reach out online. We serve clients in English, Hindi, and Punjabi.
Legal Information, Not Legal Advice. This page provides general information about real estate legal services in Ontario. Every real estate transaction is unique, and you should consult with a qualified real estate lawyer about your specific situation before taking any action.