What is Survivorship Application in Ontario?
Survivorship Application in Ontario is a process whereby transferring property title from the deceased name onto the name of the surviving owner, provided they are registered Joint Tenants and not Tenants in Common. A probate order is not required to transfer the property into the surviving Joint tenant’s name. Instead, a real estate lawyer can prepare survivorship application documents to remove the deceased’s name from the title.
Survivorship Applications are governed by the laws of Ontario and are applicable when property is owned jointly with a right of survivorship. Upon the death of one owner, their interest in the property passes directly to the surviving joint owner(s).
This process is distinct from the transfer of property through a will, as it bypasses the estate and is not subject to probate fees.
A title means the legal right to own and possess property. A land title document implies the person named in the land title is the legal owner of the property.
One person can own property, or two or more persons can own a property together as co-owners. If two or more people own a property, they have to hold title to land as Joint Tenants or Tenants in Common. The term tenants should not be confused with people leasing a property to pay rent. Therefore, joint ownership of Property in Ontario can either be Joint Tenants or Tenants in Common.
Joint ownership of Property in Ontario does not mean both co-owners hold the property in equal shares. An inspection of the land title transfer document would be required to identify the registered owner’s status as Joint Tenants or Tenants in Common.
When two or more people own a property as Joint Tenants, all co-owners have 100% or equal ownership of the property. All co-owners registered as Joint Tenants become entitled to equal ownership at the same time when the property is transferred.
Joint Tenant ownership differs from Tenants in Common because each co-owner has a right of survivorship to the other co-owners share/ interest in the property. The surviving joint tenant will inherit the property without the need for a Will under Joint tenancy.
A Tenant in Common does not have a right of survivorship, and upon the death of a co-owner, the property is inherited as per Ontario’s inheritance laws.
At Shaikh Law Firm, we streamline the process of transferring property ownership following the loss of a loved one. The following documents are required to complete a Survivorship Application in Ontario:
Our real estate legal fees for a survivorship application in Ontario Cost $720 + HST plus $126 for all law office disbursements. In addition, government registration Fees of $83.11 and Law Society Transaction Levy of $65 are not included in Legal fees.
We always provide a speedy, reliable and efficient service to our clients.
A survivorship application can be processed within 24 hours unless submitted over the weekend or on a public/bank holiday.
At Shaikh Law Firm, we understand that dealing with legal matters, especially those concerning real estate and survivorship applications, can be complex and emotionally taxing. Our pricing reflects not just the service we provide but the peace of mind and assurance that comes with having a team of dedicated, experienced professionals handling your case.
We are dedicated to offering you personalized legal solutions, guiding you through every step of your transaction. Our multilingual team is ready to assist you in English, Hindi, Urdu, Punjabi, and Sinhala.
To file a survivorship application, you need to retain a real estate lawyer familiar with title transfer. Our real estate lawyers ensure that the entire process is taken care of on your behalf from start to finish.
The process starts with a quote request. Once you “okay” the quote, someone from our service desk will contact you shortly to explain the next steps. Next, you will receive an email containing instructions and a link on which to submit all the required documents. Once we have received the documents, we will commence work on your file and keep you informed throughout the process.
With all your closing documents in place, we will book an appointment with you to review and sign all the respective documents for the Survivorship Application, Ontario. Depending on your schedule, location and convenience, our lawyer can meet with you at a designated location or virtually.
Multiple Meeting Locations
(905) 795 7757
info@slclawyer.ca
(905) 795 7757
Our clients can retain our legal services online by completing the Get Started online form. Once we have received your request to retain our services, documents and payment, we will confirm in writing if we will be representing you in the matter. It is that simple.
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