Property Transmissions

When a property owner dies, steps may need to be taken to update the NSW land title register before the deceased’s interest in the property can be sold, transferred to a beneficiary or otherwise dealt with as part of the estate.

The procedure required will depend on how the deceased owned the property.

If the deceased owned the property solely or as a tenant in common, it will generally be necessary to lodge a Transmission Application with NSW Land Registry Services (NSW LRS). This allows the deceased’s interest in the property to be registered in the name of the executor or administrator of the estate or, in appropriate circumstances, a beneficiary or other person entitled to the property.

If the deceased owned the property with another person as joint tenants, a different procedure generally applies. The deceased joint tenant’s interest passes to the surviving joint tenant or joint tenants by survivorship, and a Notice of Death is usually lodged to update the land title register.

Dealing with property following the death of a family member can involve a number of legal and procedural requirements. We can guide you through the process, prepare the necessary documentation and arrange for the appropriate dealing to be lodged electronically.

What is a Property Transmission?

A property transmission is the process by which a deceased registered proprietor’s interest in land is recorded in the name of the person legally entitled to deal with that interest.

Where the deceased was the sole registered proprietor, or owned a defined share of the property as a tenant in common, a Transmission Application may be required.

Depending on the circumstances, the deceased’s interest may be transmitted to:

• the executor named in a Grant of Probate;
• the administrator appointed under a Grant of Letters of Administration; or
• in appropriate circumstances, a beneficiary or other person entitled to the property.

Once the appropriate person has been registered, the property can then be dealt with as required in the administration of the estate. This may include selling the property, transferring it to a beneficiary, or otherwise dealing with the property in accordance with the estate administration.

What Happens if the Property is Owned as Joint Tenants?

Jointly owned property requires particular attention because there is an important distinction between property held as joint tenants and property held as tenants in common.

If the deceased owned the property as a joint tenant, their interest will generally pass automatically to the surviving joint tenant or joint tenants by the right of survivorship.

In these circumstances, a Transmission Application is generally not required. Instead, a Notice of Death is lodged with NSW Land Registry Services to remove the deceased proprietor from the land title register and record the surviving joint tenant or joint tenants.

Importantly, property passing by survivorship does not ordinarily pass under the deceased’s Will.

What if the Property is Owned as Tenants in Common?

If the deceased owned the property as a tenant in common, their share of the property forms part of their estate.

Unlike a joint tenancy, the deceased’s interest does not automatically pass to the other registered owner or owners.

The deceased’s share may therefore need to be transmitted to the executor or administrator of the estate before it can be sold, transferred to a beneficiary or otherwise dealt with as part of the administration of the estate.

Is Probate Required?

Whether a Grant of Probate or Letters of Administration is required will depend on the circumstances of the estate, the way the property was owned and the type of dealing that needs to be registered.

Where Probate has been granted, the executor named in the Grant will generally be able to apply to have the deceased’s interest transmitted to them as executor.

Where a person dies without a valid Will, it may be necessary to obtain Letters of Administration before an administrator can deal with the deceased’s interest in the property.

Different requirements may apply where property passes to a surviving joint tenant.

We can review the title and estate documentation and advise you on the appropriate procedure.

How We Can Help

We can assist with the property transmission process from beginning to end.

This may include reviewing the current land title to determine how the property is owned, advising whether a Transmission Application or Notice of Death is required, reviewing the Grant of Probate or Letters of Administration where applicable, completing verification of identity and authority requirements, preparing the necessary land title documents and lodging the dealing electronically through PEXA.

Where a mortgage or other interest is recorded on the title, we can also liaise with the relevant bank or financial institution where necessary.

Our aim is to make the process as straightforward as possible while ensuring that the appropriate documentation is prepared and lodged correctly.

Need Assistance With a Property Following a Death?

If you are an executor, administrator, beneficiary or surviving property owner and need assistance dealing with property following a death, we can help you understand what needs to be done.

Whether the property needs to be transmitted to an executor or administrator, transferred to a beneficiary, prepared for sale, or updated following the death of a joint tenant, we can guide you through each step of the process.

Contact CleverMinds Legal to discuss the property and the next steps required.