Department of Justice is now the Department of Communities and Justice. Find out more >
If the deceased owned real property in NSW as 'joint tenants' with another person, the property will need to be transferred to the surviving joint tenant.
Real property includes land, houses, units and commercial or industrial properties in NSW.
You do not need to apply for a grant of probate or letters of administration to transfer property held in joint names.
You should get legal advice if there is a mortgage on the property.
You can get a copy 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.
For more information, go to How to lodge a Notice of Death Factsheet on the NSW Land Registry Services website.
You can create an eNOS on the Lodgement of an eNOS applicationpage of the NSW Land Registry Services website.
To complete the eNOS, you will need:
You must complete your details, and sign and date the bottom section of the form before you submit it.
Make sure you 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.
If you are not represented by a lawyer or a licensed conveyancer, you will need to complete the Conveyancing Rules Exemption form 2021 to lodge a Notice of death form from 22 March 2021.
You can get the form from the General forms page on the NSW Land Registry Services website.
When filling out form you must tick the box CR 1/2021 – Required dealing exceptions. You will also need to write down the waiver exception number. You can get the waiver exception number for the dealing from the Conveyancing Rules Waiver form or email eConveyancingNSW@nswlrs.com.au and ask for a waiver exception number for the Notice of death form.
If you do not write down this number in the form, your application may be refused by the NSW Land Registry Services.
You must file the following documents at NSW Land Registry Services:
For more information about the current filing fees, go to the Land title fees page 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'.