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LODGEMENT OF NOTICE OF DEATH NSW

Notice of Death Lodgement NSW

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When a registered property owner passes away, the property title may need to be updated to reflect the change in ownership. In New South Wales, a Notice of Death is commonly lodged where the property was owned as joint tenants and one owner has passed away.

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A Notice of Death records the death of the deceased joint tenant and allows the surviving joint tenant to remain recorded on title as the registered proprietor. NSW Land Registry Services recognises this process for registering survivorship where property is held as joint tenants.

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Excel Legal assists with preparing and lodging Notice of Death applications for NSW property, helping surviving owners update the title carefully and efficiently during what can already be a difficult time.

Signing Document

When is a Notice of Death Required?


A Notice of Death may be required where:
 

  • a property is registered in the names of two or more owners;

  • the owners held the property as joint tenants;

  • one of the joint tenants has passed away; and

  • the surviving joint tenant needs the title updated to remove the deceased owner’s name.


This situation commonly arises after the death of a spouse, partner, parent or co-owner.


A Notice of Death is generally relevant to joint tenancy ownership. If the deceased owner held the property as a tenant in common, a different process may be required, such as a transmission application or estate-related transfer.

Legal Consultation Meeting

How Excel Legal Can Assist

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Excel Legal can assist with the legal and lodgement steps involved in updating the title, including:

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  • reviewing the current title to confirm how the property is held;

  • confirming whether a Notice of Death is the correct dealing;

  • reviewing the death certificate and supporting information;

  • preparing the Notice of Death for lodgement;

  • arranging verification of identity requirements;

  • lodging the dealing electronically where available;

  • monitoring the application through to registration; and

  • providing confirmation once the title has been updated.

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The Notice of Death form is generally supported by evidence of death, such as a death certificate.

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Why Updating the Title Matters

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Updating the property title helps ensure the land register accurately reflects the current ownership position.

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This may be important if the surviving owner later wishes to:

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  • sell the property;

  • refinance the property;

  • transfer the property;

  • deal with a lender;

  • update estate planning arrangements; or

  • resolve title records following the death of a co-owner.

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Leaving the title unchanged can create delays later, particularly if the property needs to be sold or refinanced.

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A Careful Process During a Sensitive Time

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We understand that title matters following a death can feel confronting, especially when families are already managing personal, financial and estate-related issues.

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Excel Legal provides a calm and practical service focused on getting the title updated correctly, with clear guidance on the documents required and the steps involved.

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Whether you are a surviving spouse, family member, executor or assisting a loved one with property records, we can help review the title and guide you through the appropriate next step.

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Start Your Notice of Death Lodgement

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To begin, you can contact Excel Legal with the property address and a copy of the death certificate, if available. We can review the title, confirm whether a Notice of Death is appropriate and explain the next steps for lodgement.

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