What’s a Transmission Application?
If you have been appointed as the executor of a Will, you need to apply for a grant of probate from Supreme Court of NSW. Probate authorises the executor to administer the estate according to the Will.
If there is no Will, the deceased’s next of kin needs to apply to the Supreme Court of NSW for letters of administration. This document authorises the next of kin (the “Administrator”) to administer the estate according to the intestacy rules (see Chapter 4 of the Succession Act 2006 (NSW).
Once the executor or administrator has obtained probate or letters of administration, the land can be dealt with.
In NSW a person can hold land in one of three ways:
- as an individual;
- jointly with another person, or
- as tenants in common with one or more persons.
These holdings are all dealt with differently.
Transmission to the executor
If the deceased did not leave the land to a beneficiary in his/her Will, the land must be transmitted to the executor by way of a transmission application to the executor and registered with NSW Land Registry Services via an electronic lodgement network operator (ELNO). Registering a transmission application enables the executor to sell the land. Once sold, the funds of the estate will be distributed to the beneficiaries.
Transmission to a beneficiary
If the deceased left a property to a beneficiary in his/her Will, it will be transferred to the beneficiary by way of a Transmission Application to Beneficiary. Upon the payment of stamp duty and the NSW Land Registry Services registration fees via the ELNO platform, the land will be transmitted into the name of the beneficiary.
What’s a Notice of Death?
If the land was held by the deceased jointly with another person, the surviving joint tenant(s) will become the registered proprietor(s). Registering a Notice of Death form with evidence of the death certificate with NSW Land Registry Services via an ELNO transfers the land to the surviving joint tenant(s).
Here to Help
Contact us now for free no obligation initial telephone advice about transferring property from a deceased estate to the executor or to the beneficiary.
