Deceased estate transfer of property in Victoria
A beneficiary is any person or organisation that is left something in a person’s will.
If you’re an executor or beneficiary in a person’s will, there are a few things you need to know about transferring property after death, be it real estate or a vehicle. Our experienced State Trustees Victoria team guides you through these deceased estate administration essentials.
Have you appointed State Trustees as the executor of your Will? If so, we can help with advice about deceased estate property transfer.
1300 138 672Transfer of house title after death
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Solely – by one person
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Jointly – by two people together where a person’s share of the property automatically transfers to the other owner when the first owner dies
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Tenants in common – by more than one person but where each person’s share of the property doesn’t automatically transfer to the other owner when they die
Joint owners with a surviving owner
If two people jointly own real estate, it automatically becomes the property of the surviving owner. The property doesn’t become part of the estate.
The executor, or surviving owner, will need to lodge a surviving proprietor (owner) application with the Land Registry Services office of Land Use Victoria. An Application by Surviving Proprietor lets Land Registry Services know that one of the owners has died. It prompts them to transfer the title of the property into the surviving owner’s name.
No surviving owners or tenants in common
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The sole owner has died
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The property was owned as a tenant in common
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Both joint owners have died
After the executor has a grant of probate or letters of administration, the property will be transferred into the name of the executor or administrator. This person is called the ‘legal personal representative’.
The legal personal representative will hold the real estate until they can distribute it or sell it according to what’s in the will.
Deceased estate car transfer
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Give copies of the death certificate, the will and proof of the executor’s identity to VicRoads
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Complete a transfer of registration from a deceased estate form
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To complete the form, you will need to show that:
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There is no money owed on the car and it’s not been reported as stolen
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The car registration is up-to-date
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Organise a road worthy certificate
You can find more information and the form on the VicRoads transfer registration page.
You can distribute the remaining assets according to the will. You will need to account for funeral expenses, debts and the management of any claims. And you’ll need to prepare a statement for all beneficiaries detailing all transactions.
Deceased estate transfers – contact us for more help
State Trustees Victoria has been administering deceased estates for decades. We’re experts in dealing with different types of estates. Our professional staff provide impartial service and trusted, individual care.
Every situation is unique, and expert help can make a real difference. Please contact us for an obligation-free discussion to understand how we assist as the Executor of a deceased estate.
How are property and cars transferred from deceased estates?
The executor of the will must wait until probate is granted. Once this happens, they may file a transfer form with either Vic Land Use (for real estate) or VicRoads (for vehicles). The form must be accompanied by additional paperwork, including the death certificate, will, proof of identity and more. State Trustees Victoria can assist in this process.
Can I transfer deceased estate property without probate?
No, you cannot file a transfer in Victoria without probate having been granted.
How long does transferring deceased property to a beneficiary take in Victoria?
Transferring property to a beneficiary in Victoria can take at least nine to 12 months, sometimes longer if there are complexities.
Do I need a solicitor to transfer deceased estate property?
Whilst a lawyer is not mandatory for transferring property, it could be advantageous if the scenario is quite complex. If you are a State Trustees client and have nominated us as Executor of your will, we can offer experienced, skilled help and advice on this matter.
How much does it cost to transfer property from a deceased estate in Victoria?
Property title transfer costs depend on various factors, including the type and value of the property, paying any professionals involved, title searches, stamp duty and more.
Do I pay stamp duty on deceased estate property transfers in Victoria?
Whether or not stamp duty applies to deceased estates varies from case to case. If you are a State Trustees client, we can provide you with advice for your situation.
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