In Ontario, if you own a home as joint tenants, the property automatically passes to the surviving owner upon death. You must file a Survivorship Application at the Ontario Land Registry Office to update the title, and the standard government registration fee is currently $82.80 CAD.
Losing a loved one is incredibly difficult, and managing estate administration should not add to your emotional burden. If you and your late spouse owned your Mississauga home as joint tenants, the legal process to transfer the home is relatively straightforward. The property completely bypasses the probate process, saving your family from paying the Estate Administration Tax on the home’s value.
However, the property title does not update itself automatically. 📍 You still need to register a formal document with the province so that your name is the only one listed on the parcel register. This is essential if you plan to eventually sell the home, refinance your mortgage, or simply secure your legal ownership. Here is how a real estate law firm generally handles this process.
Step-by-Step Process in Mississauga, Ontario
Real estate records for Mississauga are managed by the Peel Land Registry Office (LRO 43). Updating the title requires specific documentation and access to Ontario’s electronic land registration system. Here are the necessary steps.
Step 1: Obtaining the Death Certificate
Before any legal title work can begin, you must secure an official Proof of Death. 📝 This is usually a Funeral Director’s Certificate of Death provided by the funeral home in Mississauga, or a formal Death Certificate ordered from ServiceOntario. Your lawyer will need the original or a notarized copy.
Step 2: Confirming Joint Tenancy Status
Not all co-owners are joint tenants. A real estate lawyer will pull the existing Parcel Register to confirm exactly how you and the deceased held the title. If the deed says “Tenants in Common,” the deceased person’s share actually goes to their estate, which requires a completely different and more complex legal process.
Step 3: Preparing the Survivorship Application
If joint tenancy is confirmed, your lawyer will draft a Survivorship Application. 👤 This document legally affirms that the joint owner has passed away and that you are the surviving tenant. You will need to sign an affidavit swearing that the information regarding the deceased is true and accurate.
Step 4: Registering via Teraview
In Ontario, the general public cannot simply walk into a Land Registry Office to file real estate deeds. The Survivorship Application must be registered electronically through the Teraview system. Only licensed Ontario lawyers and authorized professionals have secure access to this software to finalize the registration.
How Much Does it Cost in Ontario?
Updating a title for survivorship is generally much cheaper than going through probate or buying a new property. 💵 Here is a breakdown of the typical costs you can expect in Mississauga.
| Service Type | Estimated Cost (CAD) |
|---|---|
| Government Registration Fee | $82.80 CAD (payable to the LRO) |
| Title Search & Disbursement Fees | $50 – $100 CAD |
| Real Estate Lawyer Fees | $400 – $800 CAD + HST |
Unlike transferring property to a new buyer, a survivorship application does not trigger Land Transfer Tax. You are merely removing the deceased’s name from an asset you already legally own.
How Long Does the Process Take?
Once you provide your real estate lawyer with the official death certificate, the process is very fast. ⏱ Drafting the application and conducting the title search takes a few days. Once signed and electronically submitted via Teraview, the Land Registry Office updates the title almost instantly. The entire process is usually completed within 1 to 2 weeks.
Frequently Asked Questions (FAQ)
Do I have to do this immediately after my spouse dies?
There is no strict legal deadline to file a Survivorship Application in Ontario. However, it is highly recommended to do it soon to avoid complications if you suddenly need to sell the home, refinance, or if you lose the original death certificate.
What happens to the mortgage on the property?
If the property has a mortgage, the surviving owner generally assumes full responsibility for the debt. You should inform your lender about the death so they can update their files, but you usually do not need to requalify for the mortgage unless you are refinancing.
Can I just cross their name off the property tax bill?
No. The City of Mississauga relies on the provincial Land Registry records to generate property tax bills. Until you legally register the Survivorship Application, the deceased’s name will remain on the municipal tax roll.
What if we were Tenants in Common instead of Joint Tenants?
If the title search reveals you are Tenants in Common, the deceased’s share does not automatically pass to you. Their 50% share forms part of their estate, and you will likely need an estate lawyer to apply for a Certificate of Appointment of Estate Trustee (Probate) to deal with the property.
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