Survivorship Applications
Remove a deceased joint owner from title—cleanly and correctly.
When real property is owned in joint tenancy, the surviving owner(s) usually take the deceased owner’s interest automatically by right of survivorship. To reflect that on title in Ontario’s Land Titles system, you register a Survivorship Application. This is a paperwork step—not a sale or transfer—and it’s different from probate.
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You and a spouse/relative owned the home as joint tenants and one has passed away.
You need clean title for refinancing, selling, or estate administration.
Government, lenders, or insurers require proof the survivor now holds title.
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Does: Removes the deceased joint tenant’s name from title; confirms the survivor(s) as owner(s).
Does not: Deal with tenants-in-common interests (no survivorship there), change mortgage obligations, or substitute for probate on other estate assets.
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Verify ownership form: Title search to confirm joint tenancy and check for severance, separation agreements, or registered instruments that might have converted ownership to tenants-in-common.
Gather documents: Obtain death certificate (and translations if needed), ID, and any supporting affidavits.
Prepare & register: Draft the Application by Survivor with evidence and register it electronically (Teraview) or at the Land Registry Office.
Post-registration support: Provide updated title, and coordinate with your lender, insurer, municipality/MPAC, and utilities as needed.
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Death certificate (original/certified copy).
Government-issued ID for the survivor(s).
Any relevant agreements (e.g., separation, trust, co-ownership) or prior title documents.
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Title wasn’t truly joint tenancy (wording matters).
A prior severance of the joint tenancy (registered or by conduct)
Active mortgages/charges and lender notification requirements.
Matrimonial home considerations under the Family Law Act.
Foreign death certificates needing authentication/translation.
Why Choose Haider Khan Legal?
We assist surviving joint owners with survivorship applications required to update registered title following the death of another joint owner. Our office provides clear guidance on the supporting documents and coordinates the legal steps needed to complete the application accurately and respectfully.
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