How To Handle Contracts When One Spouse Is Deceased (Joint Tenancy Ownership)

Question: How should contracts be prepared when a property is held in joint tenancy and one of the spouses has passed away? Can the surviving spouse sign on their own?

The Legal Background

In Alberta, when a property is owned in joint tenancy, the right of survivorship applies. This means that when one joint tenant passes away, their interest in the property automatically transfers to the surviving joint tenant by operation of law.

However, this transfer is not automatic at Land Titles. For the surviving spouse to sell the property solely in their name, they must take the legal step of registering the death on the property title.

Required Steps Before Listing or Signing a Contract

To update title and legally proceed with a contract:

1. The surviving spouse must submit a Statutory Declaration of Death and a copy of the death certificate to the Alberta Land Titles Office.

2. Once Land Titles removes the deceased from the title, the surviving spouse becomes the sole registered owner.

3. At that point, the property can be listed and sold solely in the name of the surviving spouse.

Improper Contract Preparation

Sometimes, we see contracts written in both the deceased and surviving spouse's names, signed only by the surviving spouse. While this is sometimes done in practice, it is not legally valid or compliant with standard brokerage practices. A deceased person cannot be a party to a contract or sign it.

Our Brokerage Position

At Greater Calgary Real Estate:

• We do not accept contracts listing a deceased person as a seller, even if joint tenancy existed.

• The proper process is to ensure title is updated first, and then execute the contract solely under the name of the surviving spouse.

• This ensures enforceability, avoids issues at closing, and reflects proper legal ownership.

Summary

• ✅ Joint tenancy allows the survivor to become the sole owner, but title must be updated first.

• ❌ Do not list both names on the contract or have only one party sign if the other is deceased.

• 📄 Always ensure proper documentation is submitted to Land Titles before proceeding.

For questions or support on these situations, feel free to reach out to management or brokerage support before proceeding.

Alberta Land Titles - Change in Land Ownership