Housing, property and land

If one of the owners of a property has died you need to prepare the appropriate form and lodge it with Land Services Group (LSG).

The Lands Titles Office (LTO) strongly advises all people to seek the assistance of a registered conveyancer or solicitor when dealing with any estate and interest land.

You will need to know whether the property is held as joint tenants or tenants in common, as this will determine what steps to take.  To find out, check the duplicate certificate of title or do a register search using PropertyAssist.

Register search showing the owners as joint tenants - view sample (PDF 855KB)
Register search showing the owners as tenants in common - view sample (PDF 1.9MB)

For an alternative version of a document on this page contact LSG.

On this page:

Death of a joint tenant
Death of a tenant in common

Death of a joint tenant

Where two or more people hold land under a joint tenancy, the right of survivorship applies. This means the surviving joint tenants are solely entitled to the land upon death of the another joint tenant.

If the property is held as joint tenants and an owner of the property has died you will need: 

• a copy of the death certificate 
• a completed application form 
• the duplicate certificate of title.

Step 1: Obtain a copy of the death certificate

Find out about obtaining a death certificate on the Consumer and Business Services website.

Step 2: Complete an application form

Application to register death by survivor form (PDF 70KB)

If you complete this form without the assistance of a registered conveyancer or solicitor, all applicants must sign in the 'certified correct for the purposes of the Real Property Act 1886' box on the second page of the form. This is because you are taking on the role as agent.

The 'Lodged by' field must be completed and include the name and address of the person to whom the title is to be delivered after registration.

Application to register death by survivor - view example (PDF 50KB)

Step 3: Locate your duplicate certificate of title

If you have a mortgage your lending institution will have this. Some lending institutions will lodge your completed documentation on your behalf.

Step 4: Lodge your documents

Lodge the completed application form with a copy of the death certificate attached, the duplicate certificate of title and the fee payable with LSG.

This can be done either in person or by registered post.

The lodgement fee is payable by cash or cheque only.

Printing requirements

All LTO forms must be printed in black ink on white, A4, 80-gsm paper and printed on both sides. If you do not have access to a duplex printer, use the manual feed option to produce a double-sided copy.

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Death of a tenant in common

There is no right of survivorship under a tenancy in common. On the death of a tenant in common his or her share will pass according to his or her will or, in the absence of a will, according to the laws of intestacy.

If the property is held as tenants in common and an owner of the property has passed away you will need: 

• a complete copy of the probate 
• a copy of registrar's certificate
• a completed transmission application form  
• the duplicate certificate of title.

Note: A transmission application form can also be used when there is only one owner registered on the title.

Step 1:  Obtain probate documents

Request a copy of probate and the registrar's certificate from the probate office. 

Step 2: Complete an application form

Transmission application form (PDF 74KB) 

If you complete this form without the assistance of a registered conveyancer or solicitor, you must sign as the applicant in the 'certified correct for the purposes of the Real Property Act 1886' box on the second page of the form. This is because you are taking on the role as agent for yourself.

The 'Lodged by' field must be completed and include the name and address of the person to whom the title is to be delivered after registration.

Step 3: Locate your duplicate certificate of title

If you have a mortgage your lending institution will have this. Some lending institutions will lodge your completed documentation on your behalf.

Step 4: Lodge the documents

Lodge your completed transmission application form, the duplicate certificate of title, a complete copy of the probate with registrar's certificate attached and the fee payable with LSG.

This can be done either in person or by registered post.

The lodgement fee is payable by cash or cheque only.

Printing requirements

All LTO forms must be printed in black ink on white, A4, 80-gsm paper and printed on both sides. If you do not have access to a duplex printer, use the manual feed option to produce a double-sided copy.

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More information

On this site

Glossary of property terms 
LTO fee calculator
Land services industry entry point 
Contract terms and conditions

Other websites

Wills, estates and funerals - Legal Services Commission
Search for Justices of the Peace - Justice Portfolio

Downloads

Changing your details on a certificate of title (PDF 29KB) 
Ownership types LSG fact sheet (PDF 30KB)