Executors, Administrators and Legal Personal Representatives

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A Transmission Application is usually lodged by the deceased person’s legal personal representative.

 

This may be:

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• an executor appointed under a valid will; or

• an administrator appointed where there is no will, or where letters of administration are required.

 

The legal personal representative may need to obtain probate or letters of administration before the property can be dealt with. The correct process will depend on the ownership structure, the estate documents and what needs to happen with the property.

 

How Excel Legal Can Assist

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Excel Legal can assist with the legal and lodgement steps involved in a Transmission Application, including:

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• reviewing the property title;

• confirming how the deceased held the property;

• identifying whether a Transmission Application is the appropriate dealing;

• reviewing probate, letters of administration or other estate documents;

• preparing the Transmission Application;

• arranging verification of identity requirements;

• coordinating signing requirements;

• lodging the application electronically where available;

• monitoring the dealing through to registration; and

• providing confirmation once the title has been updated.

 

Documents Commonly Required

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The documents required will depend on the estate and the nature of the application. These may include:

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• death certificate;

• grant of probate;

• letters of administration;

• will, where relevant;

• title details;

• identification documents for the legal personal representative; and

• any other supporting documents required for lodgement.

 

Excel Legal can review the circumstances and confirm what documents are needed before the application is prepared.

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Why a Transmission Application Matters

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A Transmission Application helps place the legal personal representative in a position to deal with the deceased’s property interest.

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This may be necessary before the property can be:

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• sold by the executor or administrator;

• transferred to a beneficiary;

• refinanced or otherwise dealt with;

• included in estate administration steps;

• dealt with as part of a family arrangement; or

• progressed toward settlement.

 

Without the correct title update, the estate may be unable to complete a sale or transfer of the property.

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Transmission Application Before Sale or Transfer

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A Transmission Application is often completed as part of the process of selling or transferring estate property.

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If the deceased owner’s name remains on title, the title may need to be updated before settlement can occur. In some matters, the Transmission Application may be prepared alongside the sale or transfer process so that the estate can move forward efficiently.

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Excel Legal can assist with identifying the required steps and coordinating the lodgement with any related property transaction.

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Sole Owner and Tenants in Common

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A Transmission Application is commonly relevant where the deceased was the sole registered owner of the property.

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It may also be required where the deceased owned the property as a tenant in common with another person. In that situation, the deceased’s share does not automatically pass to the surviving co-owner. Instead, the deceased’s share generally forms part of the estate and must be dealt with by the executor or administrator.

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This is why it is important to review the title before deciding which lodgement is required.

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Careful Guidance During Estate Property Matters

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Property title issues following a death can be sensitive and time-critical, particularly where family members are also managing probate, estate administration or the sale of a property.

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Excel Legal provides careful assistance with Transmission Applications for NSW property, helping clients understand the documents required, the steps involved and the purpose of the lodgement.

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To begin, you can contact Excel Legal with the property address, a copy of the title if available, and any estate documents you have, such as probate, letters of administration or the death certificate.

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We can review the ownership details, confirm whether a Transmission Application is required and explain the next steps for lodgement.