Deceased estate property transfers.
Careful, lawyer-supervised guidance for executors, administrators and beneficiaries dealing with Victorian property after a death — transmission applications, survivorship, beneficiary transfers and sale from the estate.
No pressure, no obligation. We'll explain the pathway and the likely timing before any engagement.
- Transmission applications (probate and letters of administration)
- Survivorship applications for joint tenants
- Transfers to beneficiaries under a will or intestacy
- Sale of property from the estate
- SRO duty exemption applications for beneficiary transfers
- PEXA lodgement and updated certificate of title
Calm, methodical guidance through each step.
Estate transfers benefit from quiet competence, not sales pressure. We work alongside the executor, the estate solicitor and the beneficiaries to register, transfer or sell — at the right pace.
Transmission applications
Registering the executor or administrator on title in their capacity as legal personal representative, after the grant of probate or letters of administration has issued.
Survivorship (joint tenants)
Where the property was held as joint tenants, the surviving proprietor takes the whole estate by operation of law. We lodge the survivorship application with the certified death certificate — probate is not required.
Transfers to beneficiaries
Transfer of Land from the executor or administrator to the beneficiary entitled under the will. Where the transfer matches the entitlement, the SRO exemption from stamp duty is applied for.
Sale from the estate
Coordinating the contract of sale, Section 32 disclosure and PEXA settlement where the executor sells the property directly from the estate rather than transferring to a beneficiary first.
Probate solicitor liaison
Where the estate solicitor is preparing the grant, we coordinate so the transmission, the duty position and the settlement statement line up with the grant when it issues.
Mortgages and caveats
Where a mortgage or caveat is registered on title, we identify discharge or release requirements early and engage the relevant party so settlement is not delayed.
Survivorship, transmission, transfer or sale.
The right pathway depends on how the property was held, what the will (or the rules of intestacy) provides, and what the beneficiaries and executor want to do with the property. We start by confirming the position before any document is drafted.
Survivorship — the simplest path.
Where the deceased held the property as joint tenants with another person, the surviving proprietor takes the whole estate by operation of law. A survivorship application is lodged with the certified death certificate; probate is not required and no stamp duty is payable. Usually completed within two to three weeks.
Transmission, then transfer.
Where the deceased held the property in their sole name or as tenants in common, a grant of probate (or letters of administration) is required. The executor is then registered on title through a transmission application, and the property is transferred to the beneficiary under the will — generally exempt from Victorian stamp duty.
Sale directly from the estate.
Where the property is to be sold and the proceeds distributed rather than transferred in specie, the executor can sell directly from the estate after the grant has issued. We coordinate the contract, Section 32 disclosure, agent and PEXA settlement, and the distribution at settlement reflects the executor's entitlements.
Step by step, at the right pace.
Initial conversation
A no-obligation call to understand the estate, the title position and where you are in the probate process.
Title and pathway
Title search and confirmation of the right pathway: survivorship, transmission and transfer, or sale by executor.
Engagement and scope
Fixed-fee engagement covering the agreed scope, with timing aligned to the probate or letters of administration application.
Documents prepared
Transmission application, Transfer of Land, Digital Duties Form and supporting evidence drafted for the executor's signature.
Lodgement and liaison
Documents lodged through PEXA; estate solicitor, beneficiaries and lender liaised with as required.
Updated title or settlement
Updated certificate of title issued in the new proprietor's name, or PEXA settlement completed where the property is sold from the estate.
Get a quote for transferring the property out of the estate.
We work alongside your executor and accountant or call 1300 444 444.
Often combined with a deceased estate transfer.
Background from the Information Centre.
Deceased estate transfers, answered.
Speak with a property transfer lawyer.
A short, no-obligation conversation to confirm the pathway, the likely timing and what we can take off your plate. We'll coordinate with your estate solicitor if probate is being prepared elsewhere.
Prefer to talk now? Call 1300 444 444.
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