Shaikh Law Firm · Serving Ontario

Survivorship Application in Ontario

Remove a deceased joint owner’s name from property title.

After the loss of a loved one, we help surviving joint tenants update their property title with clear guidance at every step. Our lawyers review the title, prepare the documents and register your survivorship application.

  • Fixed legal fee
  • Virtual appointments
  • Ontario-wide service

Survivorship application Ontario cost

$799

Plus HST and disbursements.

For a standard, uncontested application for one residential property. Receive an itemized quote before proceeding.

Request a Written Quote Call 905-795-7757

What Is a Survivorship Application?

A survivorship application updates Ontario’s land registration records after a joint tenant dies. It removes the deceased owner’s name from title and records the surviving joint owner or owners. The right of survivorship arises on death, but the registered title does not update automatically.

survivorship application requirements & eligibility in ontario

Who can apply?

A surviving joint tenant may apply where the right of survivorship remains in place. This often involves a surviving spouse, but can also involve other joint owners. Properties held as tenants in common follow a different estate process.

What does it change?

The application updates the ownership shown on title. It is commonly completed before a sale or refinance, or as a standalone service. It does not add a new owner or discharge an existing mortgage.

Is probate required?

Probate is generally not required for property passing to a surviving joint tenant by right of survivorship. Other assets in the deceased’s estate may still require probate. We review the ownership and circumstances to confirm the appropriate process.

Not sure how the property is owned? Start with the property address and any title documents you have. Our team can obtain and review the registered title to determine whether a survivorship application is appropriate.

Shaikh Law Firm survivorship application cost in Ontario: $799 legal fee plus HST and disbursements for a standard, uncontested residential application.

Clear fees from the outset

Survivorship Application Costs in Ontario

Our legal fee for a standard survivorship application is $799 + HST, plus $150 + HST in fixed office disbursements and the government registration charge. Your written quote confirms the scope and total before you proceed.

What your standard service includes

  • Review of registered title and joint ownership.
  • Routine title and writ searches.
  • Preparation of the application and supporting documents.
  • A lawyer appointment to review and sign documents.
  • Electronic registration and a final report with updated title.
Standard cost breakdown
For registrations on or after November 2, 2026
Legal fee $799.00
Fixed office disbursements $150.00
HST on fees and office disbursements $123.37
Government electronic registration $86.42
Estimated total $1,158.79

All amounts are in Canadian dollars. This estimate includes applicable HST and one registration for a standard, uncontested residential application.

Additional property PINs, unusual title issues or separate mortgage work are quoted before proceeding.

For registrations before November 2, 2026, the government registration fee is $85.00 and the estimated total is $1,157.37.

QUOTE

Getting your documents ready

Documents Required for a Survivorship Application in Ontario

Start with proof of death, the property address, and identification for the surviving owner. Our team reviews your records and confirms exactly what is required to update title.

Survivorship application document checklist: proof of death, property address and available title documents, and identification for surviving owners.
  1. Death certificate or proof of death

    A provincial death certificate or funeral director's certificate. If issued outside Canada, tell us when requesting your quote.

  2. Property address & title documents

    The municipal address and, if available, your transfer/deed or PIN register. If you cannot find the deed, we pull title records directly.

  3. Government-issued photo ID

    Valid driver's licence or passport for the surviving joint owner(s) for identity verification during document signing.

  4. Mortgage & ownership details

    Details on any outstanding charge/mortgage, or whether there are separation, trust, or co-ownership agreements in effect.

From your first enquiry to updated title

How the Survivorship Application Process Works

Our team guides you through the documents, signing and registration, with clear instructions at each stage.

Survivorship application in Ontario — Shaikh Law Firm
  1. Request your quote

    Provide the property address and basic details. We confirm the proposed scope, fees and next steps in a written quote.

  2. Send your documents

    Once retained, we collect your payment and required documents, review the registered title and confirm the application requirements.

  3. Meet and sign

    We prepare the documents and arrange an appointment with your lawyer to review and sign them, virtually or in person as appropriate.

  4. Receive updated title

    We register the survivorship application and provide a final report with title records showing the updated ownership.

Usual completion timeframe

Within 7
business days

How Long Does a Survivorship Application Take?

We can usually complete a standard application within seven business days after receiving payment and all required documents, depending on our current workload. Timing also depends on your availability to sign and whether any title or document issues require additional work.

Have an upcoming sale or refinancing deadline? Tell us when requesting your quote so we can confirm availability.

Do You Need a Survivorship Application?

Answer four short questions to see whether a survivorship application may be the appropriate next step. If you are unsure about an answer, select “Not sure.”

These are ownership arrangements, not rental arrangements. We can check the title if you are unsure.

For example, a separation, trust or co-ownership agreement, or a dispute about who is entitled to the property.

This checker provides general guidance, not a legal determination. Eligibility depends on review of the title and circumstances. Your selections are used only on this page and are not submitted to our firm.

Survivorship Application FAQs

Answers to common questions about updating property title after a joint owner dies.

Do I need a lawyer for a survivorship application in Ontario?

For the usual electronic application involving land, a lawyer must sign the required legal statements. Our lawyers review the title and supporting evidence, prepare the application and complete the registration. You do not need to complete a government form before contacting us.

Is land transfer tax payable on a survivorship application?

Generally, no land transfer tax is payable on a standard survivorship application that only removes a deceased joint tenant from title and records the surviving owner or owners. The entitlement arises by right of survivorship on death. If the matter also involves adding another owner, buying out an interest or a separate transfer, we review the land transfer tax implications separately.

Is the property subject to Estate Administration Tax?

Property that passes automatically to the surviving joint owner or owners by right of survivorship is generally excluded when calculating Estate Administration Tax, commonly called probate tax. Other assets of the deceased’s estate may still require probate and be subject to the tax. Registered joint ownership alone does not resolve every question about beneficial ownership or entitlement.

Can a matrimonial home affect the right of survivorship?

Yes. Under section 26(1) of Ontario’s Family Law Act, if a spouse dies owning an interest in a matrimonial home as a joint tenant with a third person and not with the other spouse, the joint tenancy is deemed severed immediately before death. The deceased’s interest therefore does not pass to that third person by survivorship. Tell us if the property was a matrimonial home and a parent, child or another person was on title so we can assess whether this rule applies.

What if the name on title differs from the death certificate?

A name difference does not necessarily prevent the application. Tell us about differences such as a maiden or married surname, spelling variation or missing middle name. We will review the records and confirm whether supporting identification, a declaration or other evidence is required to establish that they relate to the same person.

Can I use a funeral director’s certificate as proof of death?

A funeral director’s certificate may be acceptable evidence of death; a government-issued death certificate is not the only potentially acceptable document. The evidence must satisfy the land registrar. Tell us which document you have, and we will confirm whether an original, certified copy or further evidence is needed. Any separate lender requirements will also be reviewed.

What if there is a mortgage on the property?

A survivorship application does not discharge the mortgage or, by itself, change the mortgage obligations. Tell us about any existing mortgage so we can review the lender’s requirements. Any additional mortgage or refinancing work will be identified and quoted separately.

Can the application be completed when I sell the property?

Yes. A survivorship application can be coordinated with a sale, but it must be registered before the transfer to the buyer. Tell us your closing date as early as possible so we can arrange the title update and identify any issues that could affect closing.

What if the property was only in the deceased’s name?

A standard survivorship application does not apply where the deceased was the sole registered owner. The property must be dealt with through the estate, and a transmission application and probate may be required. We can review the title and estate documents to confirm the appropriate steps. Read more about probate in Ontario.

Is a survivorship application only available to married spouses?

No. It may also apply to common-law partners, relatives or other owners who held title as joint tenants with an effective right of survivorship. The relationship alone does not determine eligibility. We review the ownership arrangements and any circumstances that may affect the survivor’s entitlement.

Can I complete the process remotely?

We offer virtual appointments for clients with properties across Ontario. Our team will confirm whether remote signing is suitable for your matter and explain the identification, document and signing requirements. In-person appointments can also be arranged.

Shaikh Law Firm

Our Mississauga Head Office

218 Export Blvd, Unit 105
Mississauga, Ontario L5S 0A7

In-person appointments are available by arrangement. Remote signing is available for eligible transactions.

Call our team (905) 795-7757
Fax (905) 795-1271

Clear fees. Simple next steps.

Start Your Survivorship Application

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