How to Transfer Property After Someone Dies in Australia

🔀 How the property was owned: the first fork🔗

🎯 The essential: Before anything else, check how the deceased held the property. This single fact determines which path you take.

Joint tenancy means two or more people own the property together, each with an equal, undivided share. When one owner dies, their share passes automatically to the surviving owner by right of survivorship. No will, no probate, no estate process required for the property itself. The surviving owner typically lodges a survivorship application (sometimes called a transmission by survivorship) with the relevant state land titles office, along with a certified copy of the death certificate. The exact form and fee vary by state.

Sole ownership or tenants in common is a different story. If the deceased owned the property alone, or held a defined share as a tenant in common, that interest forms part of their estate and must go through the estate process below.

State variation note: the exact forms, fees and requirements differ across the states and territories. Always check with your state land titles office, for example NSW Land Registry Services, Land Use Victoria or Titles Queensland.

🪜 The estate path, step by step🔗

If the property was solely owned or held as tenants in common, here is the process. It is sequential. You cannot skip steps.

1. Check whether probate is required. Most states require the executor to obtain a grant of probate from the Supreme Court before the land titles office will register a transmission application. If there is no will, the administrator applies for letters of administration instead. Property is rarely exempt from the process, so check with your state Supreme Court or a solicitor before assuming you can skip it.
2. Apply for probate (or letters of administration). The executor files the application with the Supreme Court, with the original will, the death certificate and an inventory of assets and liabilities. Allow several weeks to a few months depending on court backlogs and complexity. Fees vary by state and estate value, so check the current fee schedule rather than relying on a figure online. This is not the time to DIY.
3. Lodge a transmission application. Once probate is granted, the executor lodges a transmission application with the land titles office. Important: this does not transfer the property to the beneficiary. It records the executor's authority over the property on the title, the step before the transfer.
4. Transfer title to the beneficiary, or sell. The executor either lodges a transfer of land form to move the title into the beneficiary's name, or sells the property and distributes the proceeds. Both options involve further lodgement and a conveyancer or solicitor.
5. Updated certificate of title issued. The land titles office issues an updated certificate of title in the beneficiary's name (or the buyer's name if the property was sold). The transfer is now complete.

⏱️ Typical timeframes🔗

Timelines vary significantly. State, court backlogs, estate complexity and whether the will is contested all play a role.

These are general guides only. Do not plan a property sale around a fixed date until probate has actually been granted.

🧾 CGT on inherited property: the short version🔗

This is the question most beneficiaries ask first. The key point: you do not pay CGT when you inherit a property. CGT is triggered when you sell.

If you sell after the 2-year window, or the property was not the deceased's main residence, CGT is likely to apply. The cost base depends on when the deceased originally acquired the property. For post-CGT assets (acquired on or after 20 September 1985), the cost base is generally the market value at the date of death. For pre-CGT assets (acquired before that date), special rules apply and you may use the original cost base. CGT on inherited property is genuinely complex, so a registered tax agent is worth the cost, and the ATO's page on inherited property and CGT is the authoritative starting point.

🏷️ Stamp duty on deceased estate transfers🔗

Good news here, mostly. In most Australian states and territories, transfers of property to a beneficiary under a will (or intestacy) are exempt from stamp duty or attract a concessional rate. The exemption generally applies when the transfer is made strictly in accordance with the will or intestacy rules, is not for valuable consideration (the beneficiary is not paying for the property), and is to the extent of the beneficiary's entitlement under the estate.

If the transfer exceeds the beneficiary's entitlement, or is structured differently, duty may apply on the excess. Transfers to a third-party buyer (a sale on the open market) attract normal stamp duty for the buyer, and the deceased estate exemption does not apply to them. The rules differ by state, so check with your state revenue office or a conveyancer before assuming you are exempt.

🧑‍⚖️ Do you need a conveyancer or solicitor?🔗

Yes. For almost every step of a deceased estate property transfer, you need professional help. A solicitor is typically required for the probate application, preparing the court documents and handling correspondence with the Supreme Court. A conveyancer (or solicitor) handles the property-specific steps: preparing and lodging the transmission application, preparing the transfer of land form, liaising with the land titles office and managing settlement if the property is sold.

Our guides on what conveyancers do and what they cost, on writing a will and on estate planning are worth reading. Engaging a professional early keeps the process moving and reduces the risk of costly errors.

❓ Frequently asked questions🔗