- which registry the property is in (LTSA, MHR or First Nations)
- If there’s a mortgage or line of credit on the property, the lender needs to be told about the death regardless of your timeline.
- If you’ll need to refinance or sell, title has to be cleaned up first.
- It’s easier to do this work while you already have the death certificate in hand, rather than tracking one down again later.
- If other owners pass away or lose capacity before this is done, you can end up dealing with multiple ownership issues at once.
- an original BC death certificate for the deceased person
- a copy of the title documents, or the most recent property tax bill or BC Property Assessment Notice
- which registry the property is in (LTSA, MHR or First Nations)
Do you need help removing a deceased person from title to property, or transferring property after the death of a loved one?
Why does this need to be done at all?
Even if you already own the property at law the moment your loved one passed, the public record doesn’t know that yet — and until it’s updated, that mismatch can cause real problems.
You can’t sell the property, refinance, or add someone new to title until the records match reality. Lenders, insurers, and strata companies also need to be told. And if something happens to another owner before the title is updated, it gets far more complicated to untangle.
Updating title isn’t optional paperwork — it’s what keeps a future sale, refinance, or family situation from getting stuck.
Transmitting property into the name of a surviving joint tenant is the process we use to remove a person from the title to their property after they have died. The words transfer and transmit are often used in place of each other.
If the property is owned by two or more people as joint tenants, then you will transmit the property into the name of the surviving joint tenant(s). If the property is owned by the deceased person in their own name by themselves, you may need a grant of probate to remove them from title.
We can help you sort this out.
How your property is owned changes everything
Before you do anything else, you need to know how the property was actually registered — because it changes what happens next.
Joint tenants means each owner owns the whole property equally. When one owner dies, their interest is extinguished at law, and the surviving owner keeps the property automatically. This is the situation most people are dealing with.
Tenants in common means each owner has a defined share instead. That share doesn’t pass to the other owner automatically — it becomes part of the deceased person’s estate, and a grant of probate may be needed before anything can move forward.
A quick title search tells us which situation you’re in, usually within a few minutes. If you don’t already have a copy of your title, we can order one for you.
Can I remove a deceased person from title myself?
Sometimes, yes. Transferring property after the death of a loved one can be more or less complicated depending on what kind of property you are dealing with.
If your property is in the BC Land Title System, you can ask the Land Title and Survey Authority (the “LTSA”) to provide you with the documents needed to transmit the property into your name as surviving joint tenant.
If your property is on First Nations lands, it is quite a bit more difficult for you to do this yourself. Some First Nations will have the necessary forms available to the public to use, but most will not, and you will have to play detective to sort out what you need to do.
If your property is in the Manufactured Home Registry, you will not be able to do this work yourself; you must hire a BC Notary, title agent or lawyer to help you register the transmission documents.
You can always call the property registry in question and ask them questions about their processes. Just search online for the appropriate registry’s contact information. Don’t forget, though – registries cannot give you legal advice, and will not tell you how to fill out the forms. Their job is to register transfers, not make them.
Playing detective is not something everyone enjoys, though, so if you find the documents difficult to follow, or to complete, you can hire us instead.
Please note that the process for the public to do this work is different than the process we, as legal services providers, must use. We will not be able to help you fill out any do-it-yourself paperwork, or give you instructions on how do do the work yourself.
However, we can, and would love to, do it for you instead.
Can I do this for someone else?
Yes.
We know losing a loved one can be devastating, and working through the legal process to transfer property after the death of a loved one can be confusing and scary. You can help your parent or a friend with this work. Just let us know so we can set up our file properly.
Is there a deadline?
No — there are no fines or penalties for waiting. But a few things are worth knowing before you decide when to start:
If nothing urgent is pending, there’s no rush. But sooner is usually easier than later.
Want to see the rest of this series? Watch all the videos on removing a deceased person from title here.
What do I need to get started?
If you are able to do the work yourself to transmit the property into your name as surviving joint tenant, follow the instructions provided to you by the appropriate registry.
If you don’t want to go through that bother, you are baffled by the instructions you’ve been given, or your property is one that you cannot transmit yourself, we would be happy to help you remove your deceased person from title. Just contact us and we’ll get things going for you.
You will need:
We can order an original BC death certificate if you don’t have one. If your person’s death certificate is from outside BC, let us know right away so we can sort out the necessary verification processes for it.
If you don’t have a copy of the title documents, tax bill or BC Assessment Notice, we can purchase the necessary documents for you using the property address instead.
What does it cost to remove a deceased person from title?
As with all legal work, the answer is “it depends”. It depends on: