What’s a Transmission Application?
If a deceased person left a Will appointing you as an executor of the deceased estate, you will need to apply for a grant of probate from Supreme Court of NSW. A grant of probate acknowledges the validity of the deceased’s Will and authorises the executor to administer the estate.
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 authorizes the Administrator to administer the estate according to the intestacy rules in the Succession Act. Once the executor/administrator has obtained a grant of Probate or Letters of Administration, the land can be dealt with.
A person can hold land in NSW in three ways:
- as an individual
- jointly with another person, or
- as tenants in common with one or more persons.
All these holdings are dealt with separately on death.
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 registration of a Transmission Application to the executor with NSW Land Registry Services via an electronic lodgement network operator (ELNO). That enables the executor to sell the land and distribute the proceeds of sale 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 registration fees of the Transmission Application to Beneficiary with NSW Land Registry Services via an ELNO, the land will be transmitted into the beneficiary’s name.
What’s a Notice of Death?
If the land was held by the deceased jointly with another person, the surviving landowner becomes the registered proprietor. Registering a Notice of Death form with evidence of the deceased’s death certificate with NSW Land Registry Services via an ELNO transfers the land to the surviving joint tenant.
Here to Help
Contact us now for free no-obligation initial telephone advice about lodging a Transmission Application.
