Transmission to Surviving Joint Tenant

Land Title. It is recommended that you have a copy of the current title to ensure you know the information it contains. Order a copy of the title for a fee before starting the application. To complete the application, you will need to know the:

• Parcel identifier (PID)
• Tenancy on title – all owners must be individuals listed as joint tenants
• Name on title of deceased owner
• Name and occupation on title of all surviving owners

Property Transfer Tax. You will automatically be claiming exemption code 08 Survivorship under the Property Transfer Tax Act. This exemption is for a transfer to the survivor of a joint tenancy as a result of the death of a joint tenant. This exempts you from paying Property Transfer Tax. To complete the application, you will need to know the:

• Residency of all owners
• Birth date and Social Insurance Number or other relevant tax number for all surviving owners
• Mailing addresses for all owners
• Civic address of the property
• Fair market value of the property
• Percentage interest in the property to be transferred which should be the total percentage interest acquired by all surviving owners
• If Additional Property Transfer Tax is owed, information about the allocation of the property’s value between land and improvements

If you have questions about the Property Transfer Tax Return, contact the Ministry of Finance, Property Transfer Tax Section, at 236-478-1593 or toll free within BC at 1-888-841-0090 or visit the Property Transfer Tax website.

Land Owner Transparency. Most applications to transmit ownership to a surviving joint tenant must file a transparency declaration as required under the Land Owner Transparency Act. In rare, cases, the transparency declaration can be omitted if the applicant certifies the property is located where the Land Owner Transparency Act does not apply (see section 6 of Land Owner Transparency Act). You will need to know if the application requires a:

• Transparency declaration or,
• Transparency report

Only reporting bodies are required to file a Transparency Report and the online application will ask you questions to determine if you are a reporting body and must file with a legal professional.

Enter one or more nine-digit parcel identifiers (PID) to identify the properties associated with the transmission to surviving joint tenant application. When you click “Add to List”, the system will find and enter the legal description of the property

If you don’t know the PID, you can find a property’s PID on its title if you have a copy or by searching the address or plan number on the BC Assessment website. You can find the PID to the right of the Property information.

Select all options that describe the property and identify if the property is part of treaty lands or a Treaty First Nation.

Enter the name of the deceased owner exactly as it appears on title. If the name on title doesn’t match the name in the application or the supporting document, you may experience delays in processing. LTSA recommends you order a copy of the title if you are uncertain how owner names appear on title.

Enter the name of the surviving owner(s) as it appears on title. If there is more than one ownership group on title, only include the owners in the same ownership group as the deceased owner.

You can submit the application online, by mail or in person.

For online applications, the name, mailing address and email address (if known) from the BC Services Card is prefilled in the applicant information. The name cannot be changed, but the other information can be updated if needed.

For privacy reasons, the contact information is not listed in the applicant section of the completed application. The contact information is only used to administer the application and is not disclosed in the land title register.

If submitting by mail or in person, the contact information will be listed on a separate page to the application download. Include this separate page with the application when you submit to the land title office.

Enter the surviving owner personal information and property ownership details.

Enter the mailing address for the surviving owner. Correspondence about your property will be sent to this address.

Optionally, you may update occupation in the land title register for any surviving owners.

Optionally, you can designate a primary contact for correspondence about Property Transfer Tax. Otherwise, any of the surviving joint tenants will be contacted if there are questions about the Property Transfer Tax Return.

Enter the residency and address information of the deceased owner.

Accepted supporting documents under the Land Title Act include a

• Certificate of death issued by the appropriate public officer or,
• Certified copy of grant of probate or grant of administration issued from the court in the province that made or resealed the grant

In cases where there is a deceased owner name variation that cannot be explained by a supporting document, LTSA will accept a declaration prepared by the applicant for minor name variations or a statutory declaration prepared and witnessed by a lawyer, notary public or commissioner authorized to administer oath for major name variations. See Transmit Ownership to Surviving Joint Tenant page on ltsa.ca for examples of minor and major name variations.

In the case of a minor name variation, you can make a statement based on personal knowledge that the deceased owner on the title and on the supporting document is the same person. The system will generate the statement for you when the application is complete.

If you submit online, you must upload a scan of the original death certificate or grant of probate and any other document needed to support the request to remove the deceased owner from title. The scan must be

• In a PDF format, colour or black and white
• Readable with no blur, glare or dark areas
• Complete with all information on the original document
• One certificate or document per PDF file. An English translation may be combined with a statutory declaration in the same file.

If you submit the application by mail or in person, you must include original certificates and documents with your application. Do not include copies.

If you have submitted the supporting document with a different application, you can enter the application number in the Filing Reference Number field instead of uploading the supporting document again.

Enter the Fair Market Value of Entire Property, the type of transfer and the percentage of interest being transferred. You also need to complete the civic address of the property.

After reviewing the shared information, you can review and edit the shared information before continuing to review information provided for each form. The shared information affects all forms and should be carefully reviewed before proceeding.

After completing the data entry fields, you can review and edit the information about the Property Transfer Tax Return. If you need to make a change, click the Edit button to access the information you wish to change.

Before the application can be submitted, you must certify and declare that the information given in the return is complete and correct in all aspects.

After reviewing the Property Transfer Tax Return, you can review and edit the information about the Land Title Application. If you need to make a change, click the Edit button to access the information you wish to change.

Before the application can be submitted, you must acknowledge and complete a certification statement under the Land Title Act.

After reviewing the Land Title Application, you can review the information about the Transparency Declaration. If you need to make a change, return to the Eligibility section to access the information you wish to change. The information in the Eligibility section is shared between multiple forms and any change may require additional changes to other forms.

Before the application can be submitted, you must acknowledge and complete a certification statement under the Land Owner Transparency Act.

If you would like proof of registration, for a fee you can order a State of Title Certificate, which will be emailed to you if you submit online or mailed to you if you submit in paper by mail or in person. The certificate will be delivered to you after the Transmission to Surviving Joint Tenant application is registered.

If you submit the application online, enter the payment method and billing information.

If you submit the application by mail or in person, review the order summary before submitting.

The application will be sent electronically to the land title office. Your tracking number, a link to download the receipt and, once assigned for review, a pending application number and link to withdraw the application will be sent to the email address entered in the form.

If you choose to submit the application by mail or in person, you must download the completed applications and sign and date them with a pen in black or blue ink. You can then mail it to the New Westminster Land Title Office or contact the LTSA Customer Service Centre to make an appointment to deliver it in person to a land title office in New Westminster, Victoria or Kamloops.

To avoid having any of the applications returned to you:

• Sign the application with a blue or black pen.
• Print single-sided. The back side of the form must be blank.
• Do not use white-out or correction fluid.