​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

How to transfer property to beneficiaries

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.

Icon - alert  This guide applies to real property owned by the deceased in their own name or with another person as tenants in common. It does not apply to property owned by the deceased as joint tenants with another person or to transfer of property to a purchaser.

Icon: Page with numbered list  How to transfer property to beneficiaries or the executor - Step by step guide

​Step 1: Get the a​​​ppropriate Tr​​ansmission Application form

There are two Transmission Application forms to choose from:

  • Form 03AD: Transmission Application by devisee, beneficiary or next of kin, or
  • Form 03AE: Transmission Application by executor, administrator or trustee.

If you are applying as the devisee, beneficiary or next of kin, you need to get form 03AD.

If you are applying as the executor, administrator or trustee you need to get form 03AE.

You can get copies of the Transmission form 03AD or form 03AE from:

Step 2: Fill in t​he Transmission Application form

When you fill out the Transmission Application form you must include:

  • the lot and plan number of the property
  • the name, address and telephone number of the person who filed the form
  • the full name of the deceased owner
  • the full name of the applicant
  • details of the capacity of the applicant (for example, as executor or next of kin)
  • date of death
  • date when probate or letters of administration was granted
  • name of person the grant was made to
  • the eNOS identification key if you have completed the electronic Notice of Sale form. If you intend to file a hard copy form, leave section "H" of the manual form blank.

Once you have filled out the form, you must sign it before a witness who is over 18 years old and is not a party to the transfer. The witness must also sign and write their details on the form.

Step 3: Get a certifie​d photocopy of the Grant of Probate or Letters of Administration.

You can file either the original or certified copy of the Grant of Probate or Letters of Administration with your application. It is best to retain the original grant for your own records and obtain a certified photocopy from a lawyer or Justice of the Peace. A certified copy confirms that the photocopied document is a true copy of the original.

Icon: Hint  If you want to file the original Grant of Probate or Letters of Administration, make sure you take a few photocopies and have them certified by a lawyer or Justice of the Peace before you file the original with Land and Property Information NSW.

Step 4: Lodge with Of​​fice of State Revenue

Before you file your application with Land and Property Information NSW, you must file the completed and signed Transmission Application form together with a certified copy of the grant of Probate or Letters of Administration with Office of State Revenue to assess whether stamp duty is payable.

If you are the beneficiary you must pay stamp duty of $50 (as at July 2014) to the Office of State Revenue. They will then stamp the document. If no stamp duty is payable, the Office of State Revenue will stamp the document as 'exempt'.

For contact details and office locations, go to the contact us section of the Office of State Revenue website.

Step 5: Get a Notice o​f Sale form or apply online through eNOS

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 Land and Property​ Information NSW website.  

Step 6: Fill in the Noti​ce of Sale form

When you fill out the notice of sale form you must include:

  • the lot and plan number of the property
  • the address of the property
  • the address for services of notice
  • details of how the property was acquired. For example, will or intestacy. The date of acquisition is the date of the grant of probate or administration.

You must complete your details, and sign and date the bottom section of the form.

If you are applying online, make sure you note the eNOS identification number.

Step 7: Get the ori​ginal Certificate of Title

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 the Land and Property Information NSW for a replacement certificate.

If the property is mortgaged, the bank will not release the original Certificate of Title unless the mortgage is paid out in full or you take over the mortgage.

Icon - alert  If you want to take over the mortgage, you should get financial and legal advice.

Step 8: Register the documents at Land and Property Information NSW and pay the filing fee

You must file the following at the Land and Property Information NSW:

  • completed and signed transmission application stamped by the Office of State Revenue
  • completed Notice of Sale form (manually or through eNOS) 
  • original or certified copy of Grant of Probate or Letters of Administration
  • original Certificate of Title.

You must also pay the filing fee.

For more information about the current filing fees, go to the Land title fees section of the Land and Property Information NSW website.

Land and Property Information NSW will update the register with the information and will issue a new Certificate of Title. If they need any further information, if information is missing or there is any other problem with the forms, you may receive a letter from called a 'requisition'.

Icon - alert  If you have received a letter from Land and Property Information NSW and are unsure of what to do, you should get legal advice.