If you want to transfer the deceased's real property, which includes land, houses, units and commercial or industrial properties located in NSW to the executor or the beneficiaries, follow the steps in the guide on this page.
This guide applies to real property owned by the deceased and another person as 'joint tenants'. It does not apply to property owned by the deceased in their own name or with another person as tenants in common.
You should get legal advice if there is a mortgage on the property.
You can get copies of the Notice of death form from:
When you fill out the Notice of death form you must include:
You must sign the form before a lawyer or Justice of the Peace. The witness must also sign and write their details.
If you are filling out the notice of sale form online, you must also write the eNOS identification key on the form.
For more information, go to How to lodge a Notice of Death Factsheet on the NSW Land Registry Services website.
You can get a manual copy of the Notice of Sale form from your nearest Department of Lands, or you can apply online through the NSW Land Registry Services website.
When you fill out the notice of sale form you must include:
You must complete your details, and sign and date the bottom section of the form.
If you are applying online, make sure you print the eNOS certificate and write the identification number on the Notice of Death form.
You must also lodge a certified copy of the Death Certificate with the Notice of Death at NSW Land Registry Services.
For more information about getting a death certificate, see
The death certificate.
You need to obtain the original certificate of title. If the property is not encumbered (not held as security for a mortgage) and you cannot locate the original Certificate of Title, you may need to apply to NSW Land Registry Services for a replacement certificate.
If the property is mortgaged, you must notify the bank that the deceased has died and that you wish to transfer the title. The bank may ask to see a copy of the completed Notice of Death form and Death Certificate and charge a fee.
The bank can arrange to send the original Certificate of Title to NSW Land Registry Services. You should receive a letter from the bank to confirm that the original certificate of title has been sent to NSW Land Registry Services. After you receive this letter, you can register your application at NSW Land Registry Services.
You must file the following at NSW Land Registry Services:
For more information about the current filing fees, go to the Land title fees section of the NSW Land Registry Services website.
NSW Land Registry Services will update the register with the information and will issue a new Certificate of Title. If there is a mortgage on the property, the new Certificate of Title will be sent to the bank. If they need any further information, if information is missing or there is any other problem with the forms, you may receive a letter called a 'requisition'.
If you have received a letter from NSW Land Registry Services and are unsure of what to do, you should get