Transferring real property

Real property includes land, houses, units, commercial and industrial property.​

​Real pro​​perty can't be transferred if there is a registered mortgage on​​ the ​property, unless the mortgage is either repaid or refinanced.

​Property owned by the deceased as joint tenants with another person

If the deceased owned property as joint tenants with another person, the ownership will pass to the surviving joint tenant regardless of their relationship to the deceased.

You will need to see a lawyer or a conveyancer to lodge a Notice of Death with the NSW Land Registry Services (NSW LRS) to transfer the name on the Torrens Title Register. NSW LRS does not accept paper lodgments. A lawyer or conveyancer can do this through an Electronic Lodgment Network (ELN).

You will need to provide the following information to the lawyer or conveyancer:

• details of the proeprty
  

• a certified copy of the death certificate
  

• address for service of notices for the electronic notice of sale (eNOS).
  

You will need to pay:

Property owned by the deceased in his or her own name

If the deceased owned property in his or her own name or as tenants-in-common with another person, you will need to apply for probate or administration before you can distribute the estate.

For more information about when to apply for probate or administration, see What to do with the estate.

You will need to see a lawyer or a conveyancer to lodge the Transmission Application with NSW LRS. NSW LRS does not accept paper lodgments. A lawyer or a conveyancer can do this through an Electronic Lodgment Network (ELN).

You will need to provide the following information to the lawyer or conveyancer:

• details of the property

• original or certified copy of the grant of Probate or Letters of Administration

• address for service of notices for the electronic notice of sale (eNOS).
  

If you are applying as the beneficiary, devisee or next of kin, the Transmission Application will need to be stamped by Revenue NSW. If all the conditions are satisfied by Revenue NSW, you will be sent an assessment for $50 concessional duty (as at September 2021). 

You can pay the duty in advance or when you receive the assessment. To get the payment details you will need to email Revenue NSW at Epayment@revenue.nsw.gov.au and request the relevant bank account details of Revenue NSW.

Once this is paid Revenue NSW will then stamp the Transmission Application and return it for lodgement with NSW LRS. 

You will need to pay:

• a fee to lodge an application with NSW LRS 

• the lawyer or conveyancer costs to lodge the application for you. You should ask the lawyer or conveyancer how much they will charge you to lodge the documents on your behalf.