Removing a deceased person from title

Do you need help removing a deceased person from title to property, or transferring property after the death of a loved one?

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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.

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.

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:

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

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:

which registry the property is in (LTSA, MHR or First Nations)
if you have an original BC death certificate
whether the deceased person’s name matches on their death certificate and the title
how fast you need the work done
if the property was owned by the deceased person all by themselves, whether you have a grant of probate yet, and how many beneficiaries there are
whether you can use our electronic signatures process, or need to come in to one of our branches to sign

Our bill to you will include:

our fees
search fees
registration costs
identity verification costs
fees for the Land Owner Transparency Registry filings
costs to order death certificates or translations, if needed
other miscellaneous costs such as database fees, BC Notary insurance fee, or electronic signature fees
taxes on these services and costs

We can give you an estimate to help you with your decision-making process. We do give a discount on our fees for those who can use our online system, and do not need to see us in person.

People sometimes ask us for additional work when they are transferring property after the death of a loved one. Costs for that additional work are billed separately, and might include:

fraud protection steps, such as ordering title insurance, parcel activity notifiers or removing the duplicate certificate of title from the land title office for your safekeeping
updating personal planning documents, such as Wills, Powers or Attorney or Representation Agreements
correcting mistakes in the name of the surviving joint tenant
helping you with the sale of the property
adding other people on title to the property
clearing off old mortgages or other charges still on title

Just let us know what you need and we’ll help you get that additional work sorted.

What is this online system?

We can transfer certain properties into the name of a surviving joint tenant or an executor using our online system. You would not have to come in to one of our branches to see us to do this work if your situation qualifies.

Using this process, you:

use an identification verification process for use to identify you
mail or courier your deceased person’s original death certificate to us (or have us order you a new one)
electronically sign the necessary documents
pay using an EFT, wire or credit card
speak with us by phone and email to answer questions or get information
receive your final reporting package electronically

You need an internet-enabled smartphone or tablet with a camera to use this process.