How to Transfer Property After Death in Australia
Have a question about this? Ask the Guide → the chat widget at the bottom-right of this page can answer it. Reading time: 8 minutes | The Executor’s Guide — Plain English. Step by step. Written for the person who just found out.
Real property — a house, unit, investment property, or block of land — is often the most significant asset in an estate. How it transfers after death depends on how it was owned. This guide covers the three common scenarios and the practical steps for each.
Step 1 — Identify How the Property Was Owned
Search the Land Titles register in the relevant state to confirm how the property was held. Searches are available online at a small cost from each state’s land registry.
Joint Tenancy — No Probate Required
If the property was owned as joint tenants, it passes automatically to the surviving owner by right of survivorship. This happens outside the will and does not require probate. Lodge a Survivorship Application with the relevant Land Titles Office along with a certified death certificate. Most state Land Titles Offices provide self-represented guides for this process.
Tenants in Common — Probate Required
If owned as tenants in common, each owner holds a defined share. The deceased’s share does not pass automatically — it passes under the will (or intestacy rules). Probate is required before any transfer can be registered.
Sole Ownership — Probate Required
If the property was owned solely by the deceased, the executor has full responsibility for dealing with it under the will. Probate is required. The executor then either transfers to a beneficiary or sells.
Step 2 — Obtain the Grant of Probate
For tenants in common and sole ownership situations, you cannot register any transfer without a Grant of Probate. Apply in the state or territory where the deceased was domiciled. See our state-specific probate guides.
Property in multiple states: If the deceased owned property in more than one state, you either apply separately in each state, or have the original grant “resealed” by the Supreme Court of the other state. Resealing is the simpler option if probate has already been granted.
Step 3 — Check the Mortgage
If there is a mortgage, notify the lender immediately. The mortgage does not disappear on death — interest continues to accrue. Options: sell the property and repay from proceeds, transfer to a beneficiary who then refinances (the lender will require this), or pay out the mortgage from estate funds before transfer.
Step 4 — Transfer to Beneficiary or Sell?
Transferring to a Beneficiary
If the will leaves the property to a named beneficiary:
- Prepare a Transfer form (from the state Land Titles Office)
- Lodge the transfer with the Grant of Probate and death certificate
- Pay applicable stamp duty (exemptions often apply — see below)
- Register the new title in the beneficiary’s name
Selling the Property
If the property is to be sold:
- Obtain probate first — a purchaser’s solicitor will require it at settlement
- Engage a real estate agent in the normal way, acting as executor
- Execute the contract as “Executor of the Estate of [Deceased Name] — Deceased”
- Settlement proceeds go to the estate bank account
Stamp Duty — Know the Exemptions
Most states offer stamp duty exemptions for property passing under a will to a beneficiary. These exemptions typically do not apply when the property is sold to a third-party buyer — normal duty applies to the purchaser. Check with the relevant state revenue office before settlement as exemption rules vary.
Capital Gains Tax
The ATO has specific CGT rules for deceased estates. If the property was the deceased’s main residence and is sold within 2 years of death, the estate is generally exempt. If sold after 2 years, or if it was not the main residence, CGT may apply. A beneficiary who receives property inherits the cost base (generally market value at date of death). These rules are complex — consult the ATO website or a tax professional before finalising property transfers.
State Land Titles Office Contacts
- NSW — NSW Land Registry Services: nswlrs.com.au
- VIC — Land Use Victoria: land.vic.gov.au
- QLD — Queensland Titles Registry: titles.qld.gov.au
- WA — Landgate: landgate.wa.gov.au
- SA — Land Services SA: landservices.com.au
- TAS — Land Tasmania: listdata.thelist.tas.gov.au
- ACT — Access Canberra: accesscanberra.act.gov.au
- NT — NT Land Titles: nt.gov.au/property
The Executor’s Guide provides general information about estate administration in Australia. It is not legal advice. Property transfers involve significant financial and legal obligations — for anything other than a straightforward transfer, seek professional advice before proceeding.
Related guides
- What to Do When Someone Dies in Australia
- What Is an Executor?
- Executor Duties in Australia: The Complete Legal Guide
- Do I Need Probate? A Plain-English Guide
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