Overview of Deceased Estate Property
When someone passes away, real estate forms part of their estate. Transferring or selling it depends on ownership type (joint tenancy or sole/tenants in common), whether a will exists, and if probate is granted.
Executors have key responsibilities when managing real estate in a deceased estate.
Probate grants authority to deal with estate assets, including property.
Inherited homes are a significant part of many Australian estates.
Joint Tenancy vs Other Ownership
- Joint Tenancy: Property automatically passes to surviving owner(s) via "right of survivorship"—no probate needed for transfer.
- Tenants in Common/Sole Owner: Share forms part of estate; requires transmission to executor then to beneficiaries.
Understanding ownership types is crucial for smooth estate transfers.
The Transfer Process in 2025
- Obtain death certificate.
- Apply for Grant of Probate (if required) or Letters of Administration.
- Lodge Transmission Application (executor becomes registered owner).
- Transfer to beneficiaries or sell the property.
- Register new titles and notify authorities (council, utilities).
Special rules apply when selling from a deceased estate.
Clearing debts and liabilities before distribution.
Key Considerations and Taxes
Capital Gains Tax: Main residence exemption may apply; beneficiaries inherit cost base.
Stamp Duty: Generally exempt on transfers to beneficiaries.
Timelines: Delays common—plan for 6–18 months.
Executors must follow strict duties when handling sales.
Expert Help for Deceased Estates
Deceased estate conveyancing involves probate, transmissions, multiple parties, and compliance—specialists ensure efficient, dispute-free outcomes.
For fixed-fee deceased estate conveyancing in Victoria and Queensland (transmissions, sales, and beneficiary transfers), consider First Class Legal. They provide compassionate, expert support during difficult times.
Professional guidance makes estate property transfers smoother.