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
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.
Send the Details
The property address, the death certificate and, for transmission, the will and grant of probate.
Title Search
We search the title to confirm how the property is held and whether there is a mortgage or caveat.
Application Prepared
We prepare the survivorship or transmission application for signing.
Lodgement
The application is lodged with the land registry, electronically where possible.
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 FeesIf 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.
Related property and title services.
Frequently Asked Questions
Do I need probate if we owned the property as joint tenants?
How do I know how the property was held?
How long does it take?
Can the executor sell before the title is updated?
Is stamp duty payable when a beneficiary receives the property?
What if the property is in another state?
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.
Book a Free Consultation