Transmission applications Victoria: transferring property after death

When a Victorian landowner dies, the correct land-registration process depends first on how the registered title was held. Survivorship and transmission are different processes: a surviving joint proprietor applies in their own right, while a deceased sole proprietor's land or a tenant in common share is ordinarily transmitted to the deceased's legal personal representative.

Before acting, obtain a current title search and check whether a joint tenancy was severed before death. A marriage, de facto relationship or family relationship does not establish how the land was held. The register and any effective severance determine the starting point.

Which application is needed?

A transmission under s 49 registers the executor or administrator as proprietor in their representative capacity. The estate is not itself registered as a legal person. A later transfer to a beneficiary is a separate dealing and is the step that makes the beneficiary the registered proprietor.

A licensed conveyancer or Australian legal practitioner can prepare and lodge the land-registry application. Since 28 November 2025, an unrepresented individual may also lodge a transmission or survivorship application directly with Land Use Victoria. The evidence and lodgment channel depend on the application and applicant; PEXA is therefore not the only possible route.

Probate, administration with the will annexed and intestacy

If there is a valid will and an executor is able and willing to prove it, that executor ordinarily applies to the Supreme Court of Victoria for probate. If there is an operative will but no executor who can prove it, the appropriate grant may instead be letters of administration with the will annexed. If there is no operative will, the application is for letters of administration on intestacy. Eligibility and priority can depend on the will, family circumstances and the Court rules; it should not be reduced to a universal spouse-then-children formula.

The notice of intention to apply for a grant is published through RedCrest-Probate and must be published at least 15 days before the application is filed. The Court normally receives the original will and any codicils for probate. If an original cannot be found, proving a copy is an unusual application requiring additional evidence; the absence of an original should not automatically be treated as intestacy.

The probate application and the later land-registry dealing are separate processes with different evidence requirements. The registry will require evidence supporting the particular dealing, which may include the grant and evidence of death. Do not assume that Land Use Victoria requires the original will, or that a separate death certificate is mandatory for every transmission, without checking the current dealing requirements.

Grant timing varies with the application, supporting evidence, Court workload and any requisitions. Build the sale or distribution timetable around the actual grant and registration progress rather than a promised number of weeks.

Duty on transmission and beneficiary transfers

The vesting or transmission of dutiable property in the legal personal representative is exempt from duty under s 42(2) of the Duties Act 2000 (Vic), although Land Use Victoria lodgment fees and professional costs may still apply.

A transfer by the legal personal representative to a beneficiary may be exempt, to the extent it is made without valuable consideration in conformity with the will or intestacy, or in satisfaction of the beneficiary's entitlement, under s 42(1) or s 42(3). The State Revenue Office assesses the evidence and the extent of the exemption. A specific gift is considered asset by asset; a residuary or intestacy distribution is tested against the beneficiary's entitlement in the estate as a whole. Duty may apply to value received beyond that entitlement.

A family arrangement that gives one beneficiary the home and another cash is not automatically duty-free merely because the values appear to balance. The will, character of each entitlement, consideration and whole distribution must be examined. A sale to an outside purchaser attracts ordinary purchaser duty whether the vendor is the legal personal representative or a beneficiary; selling directly from the representative does not eliminate the buyer's duty.

Selling from the estate or distributing first

Whether the representative should sell the property or first distribute it to a beneficiary depends on the will, administration duties, beneficiary agreement, timing, risk and tax consequences. It cannot safely be reduced to saving a registration fee or transfer duty. The representative must also account for liabilities and the interests of all beneficiaries before distributing an estate asset.

Capital gains tax on inherited property

Inheritance does not itself generally trigger capital gains tax, but a later disposal can. The inherited-dwelling exemption is conditional. Relevant matters include when and how the deceased acquired the dwelling, whether it was their main residence and used to produce income immediately before death, whether the ownership interest ends within two years of death or qualifying continuous post-death occupation applies, and whether the disposer is the legal personal representative or beneficiary. The Commissioner may extend the two-year period in appropriate circumstances.

For CGT purposes, the date an ownership interest ends may be settlement rather than the contract date, depending on the rule that applies. A beneficiary moving into the property does not create a universal indefinite exemption. The cost base may be the deceased's cost base or the market value at death under the applicable inherited-asset rules. Obtain tax advice before deciding whether the representative should sell or distribute first.

Documents, title format and practical delays

• Confirm the current registered proprietors, manner of holding, mortgages, caveats and any evidence that a joint tenancy was severed.
• Identify the correct grant and gather the Court evidence. A lost original will, informal testamentary document or disputed appointment may require an unusual application.
• Check Land Use Victoria's current evidence, identity, certification and lodgment requirements for the exact dealing and applicant.
• Resolve co-representative disagreements, claims, liabilities and tax issues before committing to a distribution timetable.
• Coordinate any sale contract and settlement with the grant and registry dealing. Professional subscribers may be able to arrange linked electronic dealings where appropriate.

An existing paper certificate of title remains valid until the next transaction. Since 3 August 2024, new Victorian certificates of title have been electronic. If an existing paper title cannot be located, tell the practitioner or Land Use Victoria early because additional steps may be required.

Costs to allow for

Separate the Supreme Court grant filing fee, the $38 probate notice fee, Land Use Victoria registration fees, professional costs and any duty or CGT. They arise under different rules and should not be presented as one fixed transmission price.

Under the Supreme Court fee schedule from 1 July 2026, the grant filing fee is based on the gross value of Victorian assets. It is $0 below $250,000, $1,088 from $500,000 to below $1 million, $2,538.70 from $1 million to below $2 million, and $17,770.80 at $7 million or more. Intermediate tiers also apply, so check the Court's current schedule rather than relying on these examples.

Current as at 25 September 2026. This article provides general information about Victorian land registration, deceased estates, duty and federal tax. The correct process and tax outcome depend on the title, grant, will or intestacy, estate administration and transaction. Obtain advice for the particular estate before signing a sale or distribution document.