deceased estate property transfer
deceased estate transfer
While deceased estate matters can be complex and may require a solicitor’s expertise, licensed conveyancers can handle the conveyancing and disposal of the property transfer process within an estate.
In Victoria and New South Wales, there are specific legal requirements and procedures that must be followed to ensure the deceased’s real estate assets are properly distributed according to their will or the laws of intestacy.
Understanding the Process
Deceased estate property transfers differ from standard conveyancing because the deceased is no longer involved. The legal responsibility falls on the Executor appointed in the Will or an Administrator as appointed by the Court (intestacy)
Their role is to ensure the deceased’s wishes are carried out and the estate is distributed according to the Will or intestacy laws (if no Will exists).
Key Steps
- Engaging a Conveyancer
- Determining Ownership
- Application by Surviving Proprietor (Vic) / Notice of Death (NSW) – where the property is owned as Joint Tenants, the property must then be transferred to the surviving Proprietor by way of either of these dealings depending on the State. If owned as Tenants in Common with another party, then similarly a Transmission Application (same in both states) must be lodged to legally transfer the property to the correct owners.
- If the property is owned by a person in their sole capacity, then a Grant of Probate or in the case of Intestacy, Letters of Administration are required to then transfer the property to the Beneficiaries under the Will or dispose of further, depending on the Will (same in both States).
transfer of inherited property
Due to the complexities around estate laws, asset distribution and dealing with beneficiaries, deceased estate conveyancing requires a highly specialized skillset.
An experienced and licensed conveyancer guides executors and beneficiaries through the entire process, ensuring the transfer or sale of estate property is legally valid.
Importantly, the conveyancer ensures all requirements are satisfied in accordance with the laws in Victoria and New South Wales.
Chat with us if you are looking for an experienced deceased estate property transfer conveyancer.
