Dear David,

I will be inheriting my father’s house, but he doesn’t seem to have a deed for the property. After he’s gone, what will the process be in order to legally transfer and register the property in my name? There is no mortgage on the house. – CLOSE TO HOME

DEAR CLOSE TO HOME: This situation is more common that most people realize. The good news is that a missing paper deed does not put the ownership of the home in question, especially here in Ontario.

For quite some time, property ownership in Ontario has been recorded electronically through the Ontario Land Registry, instead of by physical paper deeds. Most homeowners haven’t seen a deed in decades, because lawyers stopped issuing paper copies years ago.

When the time comes for you to inherit your fathers’ home, here’s how you can expect the process to work: 

(i) Your real estate lawyer will conduct a title search through the Ontario Land Registry, to confirm that your father is the registered owner of the home. This record, and not a paper deed, provides legal proof of ownership.

(ii) If your father has a valid will naming you as the beneficiary of the home, the property will be transferred according to his will (after probate). If there is no will, the home is passed on under Ontario’s intestate rules, which may involve additional steps.

Now let’s talk about probate. Even though the house is fully paid off, probate may still be required to authorize the transfer, unless the estate qualifies for a limited or no-probate process. If this is the case, your lawyer will let you know. Once probate is complete, your lawyer will prepare and register the transfer document, which legally moves the property from your father’s name into your name.

Your lawyer will confirm this, but there probably isn’t any land transfer tax, since property transfers from parent to a child through an estate are typically exempt .

PRO TIP: Fortunately, you don’t need to worry about finding a paper deed. Ownership of your father’s home already exists in Ontario’s land registry system, and you can count on your lawyer to retrieve and transfer the home properly. My favourite piece of advice is to surround yourself with professionals. In this case, your lawyer’s expertise will be essential. #Advice #AskDavid #TheNegotiator 

David is a top-selling Broker in Kitchener-Waterloo Region. He works personally with you when selling or buying your home. Moving? Get it right. Ask David today! Call or text 519-577-1212.