Do I need a grant before the property can be transferred?

If the deceased owned land in their sole name or as a tenant in common, yes. Landgate will not register a transmission application until the executor or administrator has obtained probate or Letters of Administration from the Supreme Court. Property held as joint tenants passes to the surviving joint tenant and needs a survivorship application instead.

What is a survivorship application?

A survivorship application removes a deceased joint tenant from the title. A Grant is not needed because the share never forms part of the estate.

What is a transmission application?

A transmission application transfers a deceased sole owner’s or tenant in common’s share to their executor or administrator. A Grant is required before the transmission can be registered. A transmission is required before the property can be sold or transferred to a beneficiary.

Can the property go straight to a beneficiary?

No, the executor or administrator is entered on the title first (known as a transmission application). The property is then transferred to whoever is entitled to it under the Will or the intestacy rules.

How do I sell real estate forming part of a deceased estate?

Before real estate can be sold it must first be transferred to the name of the executor or administrator of the estate. There are three steps involved: The executor or administrator must obtain a Grant of Probate or Letters of Administration from the Supreme Court of Western Australia. Landgate will not allow any property to be transferred without a Grant. The property must be transferred to the estate, known as an Application by Personal Representative or a transmission application. Finally, the property can be transferred to the beneficiary or, in the case of a sale, to the buyer.

Can I recoup my legal costs from the estate?

As a general rule, the answer is yes – executors and administrators can charge their reasonable legal costs to the estate. What is reasonable depends on the circumstances, but would generally include the costs of transmission applications, transfer to beneficiaries and settlement fees.

Deceased Estate Property Transfers WA

You sort the cutlery, we’ll handle the contract.

When it comes to dividing an estate, it’s the property transfers that usually need a legal hand.

We take care of transfers to beneficiaries, real estate settlements, survivorship and transmission applications. The application you need depends how the deceased owned the property.

Property held as joint tenants passes to the survivor and needs a survivorship application. Property owned as a sole owner or as a tenant in common needs a transmission application before it can be sold or transferred to beneficiaries.