When a property is held ‘jointly’ with a deceased, an Application to Register Death by Survivor document is required to transfer the property into the surviving tenant’s name.

The Application and a copy of the Death Certificate are lodged with the Lands Titles Office with the basic registration fee. The Certificate of Title is no longer required.  Ownership will be changed to the survivor’s name on registration of the Application.

When a property is held as tenants in common or in the sole name of the deceased, a grant of Probate or Letters of Administration is required. One of our estate lawyers can assist with this process.

Once Probate / Letters of Administration is granted, a Transmission Application is required to transfer the property into the name of the Executor or Administrator. The Certificate of Title is no longer required.  The Application is lodged with the Lands Titles Office with the basic registration fee and a copy of Probate / Letters of Administration.

A Transfer can then be prepared to transfer the property from the Executor / Administrator to the beneficial owner pursuant to the deceased’s Will, statute or Court order.

For further information please contact Anna on 8362 6400 or email Anna PanteliosJoin our mailing list to receive updates and advice on current issues.

  • Anna Pantelios

    About the author: Anna Pantelios

    Anna has over 20 years of conveyancing experience and has been a registered conveyancer since 2002. Anna is extremely knowledgeable and experienced in all areas of conveyancing. She also has the immediate support of specialist property lawyers.

    Anna can assist you with any aspect of residential and commercial property dealings including preparation of Contracts for Sale & Purchase of Land and Form 1′s, sub-divisions, property transfers and conveyancing, preparation and registration of instruments under the Real Property Act including mortgages, encumbrances, easements and caveats.

    Call on 8362 6400 or .

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