Deceased Estate Conveyancing & Transfers
Dealing with property as part of a deceased estate can be complex and emotionally challenging. Our deceased estate conveyancing and transfer services are designed to guide executors and beneficiaries through the legal process with care, clarity, and efficiency.
We assist with the preparation and lodgement of all required documentation to transfer property in accordance with the will or relevant legislation. This includes transmissions to executors or administrators, as well as transfers to beneficiaries or third-party purchasers. Our team liaises with legal representatives, financial institutions, and relevant authorities to ensure all requirements are met and timelines are maintained.
Understanding the sensitive nature of these matters, we provide clear communication and support throughout the process. Our goal is to ensure the estate property is transferred smoothly, accurately, and with as little stress as possible for all parties involved.
Price based on quotation of work (incl. GST)
Dealing with Deceased’s Property
When a registered proprietor passes away, the land can’t legally be dealt with (sold, transferred, or refinanced) until ownership is properly updated on the title. This is where Transmission and Survivorship Applications are required—they update the title to reflect the correct legal owner and enable the property to be properly dealt with by the authorised person(s).
Find out which application is right for you here!
Transfer pursuant to Beneficiaries by Executor
Where a person dies leaving a valid Will, the executor named in the Will is responsible for administering the deceased estate and distributing the estate assets in accordance with the terms of the Will.
Where the deceased owned property in Western Australia, the executor will generally first need to obtain a Grant of Probate and become registered on the Certificate of Title before the property can be transferred to a beneficiary.
Once the executor is registered as proprietor, the property may be transferred to the beneficiary or beneficiaries entitled to receive it under the Will.
We manage the preparation and lodgement of all required documentation, ensuring the transfer aligns with the terms of the will or estate distribution and complies with Landgate requirements. This includes verifying identity, coordinating with relevant parties, and attending to any applicable duty considerations.
Transfer by Administrator by Distribution or Appropriation
Where a person dies without a valid Will, an administrator may be appointed to deal with the deceased estate. Once the administrator has been registered on the title to the property, the property may subsequently be transferred to a beneficiary or beneficiaries who are entitled to receive the property from the estate.
A transfer by distribution generally occurs where the property is transferred to the person or persons entitled to it under the intestacy provisions of the Administration Act 1903 (WA).
A transfer by appropriation occurs where a particular property is transferred to a beneficiary as, or towards, satisfaction of that beneficiary's entitlement in the estate. For example, one beneficiary may receive the deceased's property while other beneficiaries receive cash or other estate assets.
Where the transfer involves an appropriation of land to a particular beneficiary, the requirements of the Trustees Act 1962 (WA) may also apply.
If all persons entitled to the estate are adults and consent to the proposed transfer, Landgate may accept the Transfer together with the written consent of all persons identified as entitled in the administrator's statutory declaration, without requiring the separate notice procedure that can otherwise apply to an appropriation.
Our service ensures the agreed distribution is carried out efficiently and correctly, giving all parties certainty and allowing the property to be transferred in line with the family’s wishes.