What is Survivorship Application in Ontario?
Survivorship Application in Ontario is a process whereby transferring property title from 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 onto 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.
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-owner share/ interest in the property. The property will be inherited by surviving joint tenant without a need of 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.
Our Real Estate Legal Fees for a Survivorship Application in Ontario Costs $450 + HST, including all law office disbursements. In addition, government registration Fees of $78.79 and Law Society Transaction Levy of $65 is 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.
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 allocate a 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.
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(905) 795 7757
(905) 795 7757