Transmission Applications and Survivorship After a Death

When a property owner dies, the title has to be updated before the property can be sold or transferred. How that happens depends on how the deceased held title, and whether there is a will and a grant of probate.

Optimum Lawyers is a property law firm in Parramatta Square, led by principal solicitor Wisam Assi. We act on purchases, sales, settlements and transfers in every Australian state and territory.

Joint tenants: survivorship

If the deceased owned the property as a joint tenant, their interest passes automatically to the surviving joint tenant. The surviving owner lodges an application with the death certificate to remove the deceased's name. In NSW this is done with a notice of death. No probate is needed for this step.

Sole owners and tenants in common: transmission

If the deceased owned the property alone, or as a tenant in common, their share forms part of their estate. The executor named in the will, or the administrator if there is no will, usually needs a grant of probate or letters of administration and then lodges a transmission application to be registered as owner in that capacity.

After transmission

Once registered, the executor can sell the property or transfer it to the beneficiaries under the will. Transfers to beneficiaries under a will are often exempt from transfer duty, but check the state rules. See deceased estate property.

Documents usually required

• The death certificate.
• The grant of probate or letters of administration, for a transmission.
• Identity verification for the person lodging.
• The certificate of title or electronic lodgement through a lawyer.

Other states

Every state uses a similar process, but the forms and names differ. We can act on property in any state.

What clients say

“Wisam has been my solicitor for both purchasing and selling my property.”

Glenn Johnstone, Google review

Questions about transmission applications

What is a transmission application?

The document an executor or administrator lodges to be registered as owner of land that belonged to the deceased.

Do I need probate to remove my late spouse from our title?

Not if you held title as joint tenants. A survivorship application with the death certificate is usually enough.

Can an executor sell before transmission?

The executor can sign a contract, but the transmission must be registered before or at settlement.

Is stamp duty payable when a beneficiary receives property under a will?

Often not, but it depends on the state rules and the circumstances.

Related: Deceased estate property | Joint tenants vs tenants in common | Changing names on a title