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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.
You should get legal advice if there is a mortgage on the property.
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 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.
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.
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:
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.
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.
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.
You must file the following documents 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 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'.