Here is a realtor question that shows up a lot.

I have a condo listed and one of the sellers recently passed away. They are listed as joint tenants on title. Can we continue the marketing and sale of property with her only?

You will be happy to hear that the answer is yes. The surviving spouse can sell, and you can list and market, subject to your brokerage's rules on this situation. For example, you might have to provide a death or funeral certificate.

Great that the answer is yes, but why, if one joint tenant has passed away, can the surviving joint tenant just carry on? Because that is the nature of a joint tenancy. 

On the death of one joint tenant, their interest in the land passes to the other joint tenant(s) by what is known as, 'the right of survivorship', eliminating the need for an executor or administrator to deal with the transfer of their interest.

Practically speaking, to complete the sale, one of the documents prepared by our office would be a statutory declaration regarding death of the joint tenant spouse with funeral or death certificate attached. That statutory declaration, once registered at the Land Titles Office removes the deceased joint tenant and transfers the property into the surviving joint tenant's name.

The short summary is that you have very little concern when working with a joint tenancy client where another joint tenant(s) has passed away.

Protect yourself.

Cheers,

Barry

I'm taking on new clients. Please consider me and Field Law when you write your next deal.