Transferring real property
Real property includes land, houses, units, commercial and industrial property.
Real property 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 apply to NSW Land Registry Services (NSW LRS) to transfer the name on the Torrens Title Register.
Step by step guide: How to transfer property held in joint names.
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.
Step by step guide: How to transfer property to beneficiaries.