Transferring NSW Property After Death: The Complete Guide
When a NSW property owner dies, the property must transfer through grant of probate (or letters of administration) and a transmission application to NSW LRS. Beneficiaries pay no stamp duty — but the process has strict requirements.
Quick Answer
Transferring NSW property after death follows a defined sequence. If the deceased owned the property as joint tenants (with another person), title passes automatically by survivorship — only a Notice of Death needs to be registered with NSW LRS ($169 fee). If the deceased owned as sole owner or tenants in common, the executor/administrator needs (1) a Grant of Probate (with a will) or Letters of Administration (intestacy) from the NSW Supreme Court, then (2) lodge a Transmission Application with NSW LRS to register the property in the executor's name as legal personal representative, then (3) either transfer to a beneficiary (no stamp duty under Section 63 Duties Act 1997) or sell on behalf of the estate. Beneficiary transfers from a deceased estate are EXEMPT from NSW transfer duty — a major saving compared with normal transfers.
Joint tenancy vs tenants in common — the critical first question
When a NSW property owner dies, the legal mechanism depends on how title was held. Check the title search: Joint tenants (e.g. married couples, de facto partners): the deceased's interest passes automatically to the surviving owner(s) by right of survivorship. No probate needed. The surviving owner lodges a Notice of Death with NSW LRS ($169) plus a death certificate. The surviving owner becomes 100% owner. Tenants in common (e.g. business partners, siblings, spouses with separate estates): the deceased's interest forms part of their estate and passes under their will (or intestacy). Probate or letters of administration must be obtained, then a Transmission Application registers the executor as legal personal representative.
Grant of Probate — what you need
If the deceased left a valid will, the executor named in the will applies to the NSW Supreme Court for a Grant of Probate. Required documents include:
- The original will (or a copy if the original is lost — special process applies).
- Original death certificate from NSW Registry of Births, Deaths and Marriages.
- Inventory of the deceased's NSW assets (property, bank accounts, shares, super) and liabilities.
- Evidence of advertisement of intention to apply (Online Probate Notice — 14-day waiting period).
- Probate filing fee (currently $1,065 for estates over $100K, scaled for larger estates).
Letters of Administration — when there's no valid will
If the deceased died intestate (no will) or the will is invalid, a relative or beneficiary applies to the NSW Supreme Court for Letters of Administration. The order of priority for administrator is set out in the Succession Act 2006 (NSW): spouse first, then children, then parents, then siblings, then grandparents, then aunts/uncles. The intestacy distribution rules also follow Succession Act 2006 — typically all to spouse if estate under $539K (CPI indexed), or split between spouse and children for larger estates.
Transmission application and beneficiary transfer
Once probate or letters of administration are granted, the executor lodges a Transmission Application (form 03TA) with NSW LRS to register the property in the executor's name as legal personal representative ($169 fee). At this point the executor can:
- Transfer the property to a named beneficiary under the will (Transfer Pursuant to Will — form 01TG) — exempt from NSW transfer duty under Section 63 of the Duties Act 1997.
- Sell the property on behalf of the estate (normal contract for sale + PEXA settlement) — buyer pays normal duty.
- Transfer to multiple beneficiaries as tenants in common in agreed shares — also duty-exempt.
- Hold the property in the executor's name (e.g. for a life tenancy under the will).
NSW Deceased Estate Property — Cost Comparison
Indicative costs for transferring a $1m NSW property after death, depending on title structure and intent.
| Scenario | Probate / Court Costs | LRS Fees | NSW Transfer Duty |
|---|---|---|---|
| Joint tenant survivorship | Nil (no probate needed) | $169 (Notice of Death) | Nil |
| Probate then transfer to beneficiary | $1,065 + legal fees ~$3,000 | $169 + $169 | Nil (Section 63 exemption) |
| Letters of admin then transfer | $1,065 + legal fees ~$4,000 | $169 + $169 | Nil |
| Probate then sell to third party | $1,065 + legal fees ~$3,000 | $169 + buyer pays | $40,090 (paid by buyer) |
| Beneficiary later sells | Already done | Buyer pays | $40,090 (paid by buyer) |
Probate fees scale with estate value. Beneficiary transfers are exempt from NSW transfer duty under Section 63 Duties Act 1997.
How to Transfer NSW Property After Death
Obtain death certificate
Apply to NSW Registry of Births, Deaths and Marriages for the formal death certificate (~$60). Allow 2–4 weeks.
Review title search
Order a current title search ($30). Determine whether the deceased held as joint tenant (survivorship applies) or sole/tenants in common (probate needed).
Apply for probate / letters of administration
Engage a probate solicitor. File application with NSW Supreme Court. Allow 4–8 weeks for grant once filed.
Lodge Transmission Application with NSW LRS
Once probate is granted, lodge form 03TA to register the executor as legal personal representative on title. $169 fee.
Decide: transfer to beneficiary or sell
Executor distributes per the will. Transfer to beneficiary uses form 01TG (duty exempt). Sale uses normal contract for sale + PEXA settlement.
Lodge transfer / settle sale
Beneficiary transfer registers for $169 with no duty. Sale settles via PEXA on agreed date with buyer paying duty.
Distribute proceeds and finalise estate
Executor distributes net proceeds to beneficiaries per the will. Final tax return for the estate is lodged by the accountant.
Frequently Asked Questions
Common NSW questions answered by Elyment Conveyancing — written for buyers, sellers, and investors.
No. Section 63 of the NSW Duties Act 1997 exempts transfers to beneficiaries from a deceased estate from transfer duty, regardless of property value. Only nominal LRS lodgement fees apply ($169).
No. If the deceased held as joint tenants with another person, title passes automatically to the survivor by right of survivorship. Only a Notice of Death needs to be registered with NSW LRS ($169 + death certificate).
Typical timeline: 14 days for the online probate notice, then 4–8 weeks for the Supreme Court to grant probate. Total around 6–10 weeks. Transmission application then takes 1–2 weeks at NSW LRS.
If the deceased died intestate, a relative or beneficiary applies for Letters of Administration. Distribution follows the Succession Act 2006 (NSW): all to spouse if estate under $539K, otherwise split between spouse and children.
You can sign a contract for sale conditional on grant of probate, but settlement cannot occur until probate is granted and the Transmission Application is registered. We always insert a 'subject to probate' special condition.
A Transmission Application (NSW LRS form 03TA) is the document that registers the executor or administrator as the legal personal representative on the property title. It must be lodged before any transfer or sale can complete.
Yes, if you are the named beneficiary under the will. The executor lodges a Transmission Application then transfers the property to you using a Transfer Pursuant to Will (form 01TG). No stamp duty applies.
Generally no when inherited — the cost base 'rolls over' from the deceased. If the property was the deceased's principal place of residence at date of death, it remains CGT-free if sold within 2 years. Investment properties carry forward the original cost base. Speak to your accountant.
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