What Happens to Property After a Loved One Passes Away?

The passing of a loved one is a challenging time, and dealing with property ownership changes can add to the stress. Understanding the process can help ease the burden and ensure that the transition is handled smoothly. This guide provides a simple, compassionate overview of what happens to a property when its owner passes away in Western Australia.

Understanding Property Ownership Types
The process for transferring ownership depends on how the property was held by the deceased:
Sole Ownership – The deceased was the only owner of the property.
Joint Tenancy – The property was co-owned, and the surviving owner automatically inherits it.
Tenancy in Common – The deceased had a defined share of the property, which is passed according to their will.

Process for Each Ownership Type 

1️⃣ Sole Ownership & Tenancy in Common
If the deceased was the sole owner or held a share of the property as a tenant in common, the estate’s executor or administrator must manage the property transfer.

Documents Required: 

• Original death certificate 

• Grant of Probate (if there is a will) or Letters of Administration (if there is no will) from the Supreme Court of WA 

• Transmission Application lodged with Landgate (Landgate WA) 

Duty Requirements: 

• No transfer duty is payable if the property is transferred to beneficiaries in accordance with the will. 

• If the property is being sold, standard transfer duty rates may apply to the purchaser. 

Steps to Transfer Property: 

1. The executor (if there’s a will) or administrator (if there’s no will) applies for a Grant of Probate or Letters of Administration from the Supreme Court of WA. (Supreme Court WA) 

2. Once granted, a Transmission Application is lodged with Landgate to transfer the property into the name of the executor or administrator. 

3. The executor/administrator then either: 

• Transfers the property to beneficiaries as per the will/intestacy laws. 

• Sells the property as part of the estate. 

2️⃣ Joint Tenancy
If the property was owned as Joint Tenants, ownership automatically passes to the surviving joint tenant(s) upon death. This process is simpler and does not require probate or administration.

Documents Required: 

• Original death certificate 

• Original property title 

• Survivorship Application lodged with Landgate (Landgate WA)
  

Duty Requirements: 

• No transfer duty is payable when ownership passes to the surviving joint tenant(s). 

Steps to Transfer Property: 

1. The surviving joint tenant(s) lodges a Survivorship Application with Landgate to remove the deceased’s name from the title.

2. Landgate updates the property title, making the surviving joint tenant(s) the sole owner(s).
   

We're Here to Help

Navigating property transfers during such a sensitive time can be overwhelming. Our team is committed to providing compassionate and professional support to guide you through each step of the process. 

Please don't hesitate to reach out for assistance tailored to your needs. Need Assistance? Contact us at (08) 9527 2233.

Note: This guide provides a general overview and may not cover all individual circumstances. Consulting with professionals is recommended to ensure all legal requirements are met.