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 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.
There are two Transmission Application forms to choose from:
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:
When you fill out the Transmission Application form you must include:
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.
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.
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 NSW Land Registry Services.
Before you file your application with NSW Land Registry Services, 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 Revenue NSW 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 Revenue NSW. They will then stamp the document. If no stamp duty is payable, Revenue NSW will stamp the document as 'exempt'.
For contact details and office locations, go to the contact us section of the Revenue NSW 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 note the eNOS identification number.
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, the bank will not release the original Certificate of Title unless the mortgage is paid out in full or you take over the mortgage.
If you want to take over the mortgage, you should get financial and legal advice.
You must file the following at NSW Land Registry Services:
You must also pay the filing fee.
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 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'.
If you have received a letter from NSW Land Registry Services and are unsure of what to do, you should get