Transferring Property After a Death

Updating the title when a registered owner dies - by survivorship where the property was held as joint tenants, or by transmission to the executor where it was held as tenants in common.

  • Survivorship applications for joint tenants
  • Transmission applications for executors and administrators
  • Transfers from the estate to beneficiaries
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Deceased Estates

2 Routes, Depending on How the Title Was Held

What happens to a property when an owner dies depends on how the owners held it. A joint tenant's share passes automatically to the surviving owner. A tenant in common's share passes through their will.

In either case the title does not update itself. An application has to be lodged with the land registry, supported by the right documents, before the property can be sold, refinanced or transferred.

We prepare and lodge the application, and deal with the next step where the property is to be sold or passed to a beneficiary.

Which Applies

Joint Tenants, Tenants in Common and Sole Owners

The documents needed depend on how the property was owned.

Joint Tenants

The surviving owner applies to have the deceased owner removed from the title. A death certificate is usually enough - probate is not needed.

Tenants in Common

The deceased owner's share passes to their executor, who applies to be registered in their place. A grant of probate is usually needed first.

Sole Owner

The whole property passes to the executor through a transmission application, again usually after probate is granted.

Documents Needed

A death certificate, the will and grant of probate where relevant, and the certificate of title details. We search the title first.

Transfer to a Beneficiary

Where a beneficiary is to keep the property, a transfer from the executor follows. In NSW, duty on a transfer under a will is usually nominal.

Selling the Property

The executor can sell once registered as owner. We can run the sale conveyancing as a separate matter.

Step by Step

How the Title Is Updated

Most applications are prepared within days of receiving the documents.

01

Send the Details

The property address, the death certificate and, for transmission, the will and grant of probate.

02

Title Search

We search the title to confirm how the property is held and whether there is a mortgage or caveat.

03

Application Prepared

We prepare the survivorship or transmission application for signing.

04

Lodgement

The application is lodged with the land registry, electronically where possible.

05

Title Updated

Once registered, we confirm the new title and remind you to notify the council and water authority.

Our fixed fee for removing a deceased owner from the title, by either route, is set out on our pricing page.

View Our Fixed Fees

If There Is a Mortgage

A mortgage stays registered on the title when an owner dies. Updating the title does not change who owes the loan, and the lender should be told of the death.

Where the property is to be sold or refinanced, the mortgage is dealt with at settlement in the usual way.

Frequently Asked Questions

Do I need probate if we owned the property as joint tenants?
No. The surviving joint tenant applies to remove the deceased owner using the death certificate. Probate is not needed for that step.
How do I know how the property was held?
The title shows it. We search the title at the start of every matter and confirm which route applies.
How long does it take?
Once we have the documents, the application is usually ready within days. Registration by the land registry generally follows shortly after lodgement.
Can the executor sell before the title is updated?
Contracts can sometimes be exchanged before the transmission is registered, but the executor must be registered as owner before settlement. We plan the timing with you.
Is stamp duty payable when a beneficiary receives the property?
In NSW a transfer to a beneficiary under a will usually attracts only nominal duty. We confirm the position for your matter.
What if the property is in another state?
Each state has its own forms and requirements. Contact us with the details and we will confirm how we can assist.

Need to Update a Title?

Send us the property address and the documents you have, and we will confirm the route and what else is needed.

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