Both joint tenants deceased
Where title is held in a joint tenancy and the joint tenants have died (provided that they did not die simultaneously) one document can be used to move title from the name of the deceased parties into the name of the executors/administrators for the estate of the joint tenant who died last. The Request/Transmission form (Form 15.1) is to be used, signed by the executors/administrators for the estate of the last deceased joint tenant. This must be accompanied by the grant of probate or letters of administration for that joint tenant, together with the death certificate for the first deceased. In box 2, “application for”, insert a phrase along the following lines of, “This is a survivorship request and transmission by the executors of the estate of Mary Brown.” In this case, Mary Brown would be the joint tenant who was the last to die.
Simultaneous death of joint tenants
Where all joint tenants on a title die at the same time, or where the circumstances of death make it impossible to determine which died first, the joint tenancy is severed and the parties will be deemed to have held the title as tenants in common, each as to an equal share. In such a case a survivorship request will not be accepted and both estates will have to be probated.
See section 3, The Survivorship Act
Proof of death – death certificate required
Proof of death must come in the form of a death certificates from the Vital Statistics Agency. A funeral director or church death certificate is not sufficient, nor are grants of probate or letters of administration.
Transfer by surviving joint tenant – no separate survivorship request required
Where title is held by joint tenants and one of the tenants has died, the surviving joint tenant(s) can transfer the lands in the title without the need for a separate survivorship request. In such a case:
1. Enter the names of all the current registered owners into box 3 of the eTransfer, including the deceased;
2. Select “Deceased joint tenant” under the name of the deceased;
3. Upload the death certificate as a supporting document with the transfer of land in the eRegistration portal; and
4. Insert a statement into the signature box for the transferor, confirming that the person in the death certificate and the person on the title are one and the same person and that the person signing the transfer is the surviving joint tenant(s).
Discharge by surviving joint mortgagee / encumbrance holder
Where a mortgage is held jointly and one of the mortgagees has died, the surviving mortgagee(s) can discharge the mortgage without the need for a separate survivorship request. In such a case:
1. Enter the names of all the mortgagees into box 1 of the eDischarge, including the deceased;
2. Select “Deceased joint interest holder” under the name of the deceased;
3. Upload the death certificate as a supporting document with the discharge in the eRegistration portal; and
4. Insert a statement into the signature box for the mortgagee, confirming that the person in the death certificate and the mortgagee are one and the same person and that the person signing the discharge is the surviving joint interest holder.
The same process can be used for other joint interest holders.
See Real Property Applications for a discussion of real property applications by the executors or administrators of an estate.