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 Pantelios. Join our mailing list to receive updates and advice on current issues.
