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How to transfer property to beneficiaries

If the deceased owned real property in NSW as 'tenants in common' with another person or in their own name, the property will need to be transferred after you obtain a grant of Probate or Letters of Administration.

Real property includes land, houses, units and commercial or industrial properties in NSW.

Icon - alert  You should get legal advice if there is a mortgage on the property.

How to transfer property to beneficiaries or the executor - Step by step guide

​Step 1: Get the 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 the Transmission form 03AD or form 03AE from:

  • the Land title dealing forms page on the NSW Land Registry Services website. You can also get a copy of the form from the NSW Land Registry Services office.

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 the executor or the administrator
  • the  electronic notice of sale (eNOS) identification key.

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 copy 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.

Step 4: Lodge with Revenue NSW

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 applying as the beneficiary (form 03AD) you must pay stamp duty of $50 (as at February 2019) to the Revenue NSW. They will then stamp the document. 

If you are applying as the executor or administrator (form 03AE), no stamp duty is payable and Revenue NSW will stamp the document as 'exempt'.

You should contact Revenue NSW to find out if you are liable to pay duty.

For more information on exemptions and concessions, see the Revenue NSW website.

For contact details and office locations, see the 'contact us' section on the Revenue NSW website.

Step 5: Create an electronic notice of sale (eNOS) record

You can create an eNOS on the Lodgment of an eNOS application page of the NSW Land Registry Services website.

To complete the eNOS, you will need:

  • 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 before you submit it. 

Make sure you note the eNOS identification number on the Transmission Application form.

Step 6: Get the ori​ginal Certificate of Title or arrange for it to be produced by the bank

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.

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

Step 7: Get the Conveyancing Rules Exemption Form 2019

If you are not represented by a lawyer or a licensed conveyancer, you will need to complete the Conveyancing Rules Exemption form 2019 for dealings lodged after 1 July 2019.

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 CR2/2019 – Mainstream dealing exceptions. 

Step 8: Register the documents at NSW Land Registry Services and pay the filing fee

You must file the following documents at NSW Land Registry Services:

  • completed and signed Transmission Application stamped by Revenue NSW
  • original or certified copy of Grant of Probate or Letters of Administration
  • original Certificate of Title
  • Conveyancing Rules Exemption Form 2019.

You must also pay the filing fee.

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 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'.