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.
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. We serve clients in English, Hindi, and Punjabi, and we provide our fee during your consultation.
What Is a Survivorship Application?
Under section 123 of the Land Titles Act, where two or more people are registered as joint tenants and one has died, and the parcel register shows that the deceased owner’s interest has passed by right of survivorship to the surviving owner or owners, the land registrar may delete the deceased owner’s name from the parcel register. The registrar acts on an application that contains the evidence specified by the Director of Titles. See the Land Titles Act on Ontario.ca.
The application records a change that has already happened by law. It does not transfer the property, and it is separate from the estate. Ontario’s Estate Administration Tax guidance says jointly owned assets that automatically become the other owners’ are not part of the estate.
How the Process Works
- Check the parcel register. We confirm how title is held, whether the deceased and the survivor were registered as joint tenants, and whether there are any charges or special entries.
- Confirm the facts. We confirm the date of death and that the survivor is entitled by right of survivorship.
- Make the Family Law Act statement. For a death on or after March 1, 1986, the application must include one statement about the deceased’s spousal status or the matrimonial home. Only a solicitor can make these statements.
- Register the application. The application, with its statements and evidence, is registered electronically.
- Title is updated. The land registrar deletes the deceased owner’s name, and the survivor becomes the registered owner.
What the Application Contains
Ontario’s land registration bulletins set out the evidence. Under Bulletin 2000-6, the application includes statements that the applicant held the property as a joint tenant with the deceased, that the applicant is entitled as the surviving joint tenant by right of survivorship, and the date of death. For a death on or after March 1, 1986, it also includes one Family Law Act statement: that the deceased and the survivor were spouses of each other when the deceased died, that the deceased was not a spouse at the time of death, or that the property was not the deceased’s matrimonial home.
Proof of death is part of the supporting evidence. Ontario’s bulletins accept proof such as a death certificate, and a statement of death from a funeral director or an authorized official of a transfer services establishment is also acceptable (see Bulletin 93006). We confirm what the registry currently requires before we file.
Special Situations
- A charge on the property: if a mortgage or other charge is registered, it stays on title. Where only one joint tenant charged their interest, the charge does not automatically end the joint tenancy, and if that owner dies first the survivors are entered subject to the charge (see Bulletin 96005).
- A “No Survivorship” entry: if the parcel register carries this entry, no registered disposition can be made after a death except under a court order (Land Titles Act, section 65).
- Tenants in common: there is no right of survivorship. The deceased owner’s share passes through the estate, and the personal representative or the person entitled may be entered as owner with the survivors (section 122).
- Sole owner: if the deceased was the only registered owner, a different process applies, under which the land registrar appoints the person to be registered in the deceased’s place (section 120).
- Older Registry land: where a death was never recorded before a property converted to Land Titles, a survivorship application with proof of death is required.
Not sure how title is held? Our article on joint tenancy vs tenants in common explains the difference, and our title transfer service helps if you need to add or remove an owner. For the government registration fee, see our lawyer fees guide.
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 the property.
How is this different from probate?
Jointly owned 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?
How long a survivorship application takes depends on the documents required, including the proof of death and the supporting statements, and the registration steps involved.
Do I need a lawyer for this?
In practice, yes. The Family Law Act statement that supports the application can be made and signed only by a solicitor, so a lawyer prepares the application.
What if there is a mortgage on the property?
A registered mortgage stays on title after the deceased owner’s name is removed, and the survivorship application does not discharge it. Speak with your lawyer and your lender about the mortgage.
What if the owners held title as tenants in common?
There is no right of survivorship. The deceased owner’s share passes through the estate, so a different process applies.
Do I have to register a survivorship application right away?
Until it is registered, the deceased owner’s name stays on the parcel register, which can complicate a sale, a refinance or a new mortgage. It is best to register before you plan any of these.
Our office is in Vaughan, and we serve clients across Toronto and the GTA, including North York, Scarborough, Etobicoke, Mississauga, Brampton, Markham, Richmond Hill and Newmarket. See all of our areas we serve.
Get a Free Legal Consultation
Contact Sarkaria Sethi LLP at (647) 696-8069 or reach out online. We serve clients in English, Hindi, and Punjabi.
Legal Information, Not Legal Advice. This page provides general information about survivorship applications in Ontario, based on the Land Titles Act and Ontario land registration bulletins checked on October 30, 2026. Registry requirements change and every situation is different, so consult a qualified real estate lawyer about your specific situation before taking any action.