Certificates of title

Death of a proprietor - certificate of title

If one of the owners of a property dies you need to notify the Lands Titles Office (LTO). You'll need to know whether the property is held as joint tenants or tenants in common, because this will decide what steps to take. To find out, you may order a register search under the heading 'Land Services' using SAILIS.

Register search showing the owners as joint tenants - view sample (140.7 KB PDF)
Register search showing the owners as tenants in common - view sample (171.3 KB PDF)

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

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 photocopy of the death certificate
  • a completed application form
  • to have your identity verified
  • to have your authority to deal with the property verified.

1. Get a copy of the death certificate

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

2. Fill in an application form

Application to register death by survivor form (1.3 MB PDF)
Guidance Notes - Application to register death by survivor (91.9 KB PDF)
Example - Application to register death by survivor (111.2 KB PDF)

If you fill in this form without the help of a registered conveyancer or legal practitioner, you will need to comply with the legislative requirements and provide the relevant certifications that apply to self-represented parties.

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 make a double-sided copy.

3. Have your identity verified

Applications to register death by survivor are subject to the Registrar-General's Verification of Identity requirements.

For more information, see the Verification of identity for self-represented parties fact sheet (350.6 KB PDF).

Alternatively, you can phone Land Services on 8226 3983 (1800 648 176 for country callers).

4. Have your authority verified

Applications to change name are subject to the Registrar-General's Verification of Authority requirements.

For more information, see the Verification of Authority Guidelines (364.6 KB PDF).

5. Lodge your documents

Lodge the completed application into the Lands Titles Office along with:

  • a photocopy of the death certificate
  • the fee payable, this can only be paid by cash or cheque
  • evidence related to the verification of your identity and authority to deal with the property.

This can be done either in person or by registered post.The lodgement fee is payable by cash or cheque only.

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 their share will pass according to their 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 photocopy of the probate
  • a photocopy of the registrar's certificate
  • a completed transmission application form
  • to have your identity verified
  • to have your authority to deal with the property verified.

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

1. Get probate documents

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

2. Fill in an application form

Transmission application form (1.3 MB PDF)
Guidance Notes - Transmission Application (102.8 KB PDF)

If you fill in this form without the help of a registered conveyancer or legal practitioner, you will need to comply with legislative requirements and provide the relevant certifications that apply to self-represented parties.

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 make a double-sided copy.

3. Have your identity verified

Applications to register death by survivor are subject to the Registrar-General's Verification of Identity requirements.

For more information, see the Verification of identity for self-represented parties fact sheet (350.6 KB PDF).

Alternatively, you can phone Land Services on 8226 3983 (1800 648 176 for country callers).

4. Have your authority verified

Applications to change name are subject to the Registrar-General's Verification of Authority requirements.

For more information, see the Verification of Authority Guidelines (364.6 KB PDF).

Alternatively, you can phone Land Services on 8226 3983 (1800 648 176 for country callers).

5. Lodge the documents

Lodge your completed transmission application form into the Lands Titles Office along with:

  • a complete photocopy of the probate with a photocopy of the registrar's certificate attached
  • the fee payable, this can only be paid by cash or cheque
  • evidence related to the verification of your identity and authority to deal with the property.

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Page last updated 25 October 2016

Provided by:
Department of Planning, Transport and Infrastructure
URL:
https://www.sa.gov.au/topics/planning-and-property/certificates-of-title/death-of-a-proprietor
Last Updated:
25/10/16
Printed on:
27/09/17
Copyright statement:
SA.GOV.AU is licensed under a Creative Commons Attribution 3.0 Australia Licence. © Copyright 2016