What is a Transmission Application?

When a person dies, owning real estate, a Transmission Application needs to be undertaken to alter the Certificate of Title to reflect the change, this comes in two forms;

1. Survivorship Application;

When two people or more parties own property as ‘Joint Proprietors’ or ‘Joint Tenants’, and one of the parties die, the legal right ownership of that person passes to the surviving proprietor/s.

While the legal right itself passes on the death of that party, the title itself will remain in the old names, until a survivorship application is submitted with Land Victoria (Titles Office).

No Grant of Probate or Letters of Administration is required before this task can be undertaken.

However, if there is an existing encumbrance against the property (ie a Mortgage), the mortgagee’s consent is required before the change can be made.

2. Application by Legal Personal Representative

If a person owns a share in real estate as either the sole owner/proprietor or with other parties as ‘Tenants in Common’ that share will remain in the Estate of the deceased until sold or transferred.

To sell or transfer the share, the Executor/Administrator of their Estate will need first place themself on the title in that capacity.

Eg the title would real as

David Lee (as executor for the Estate of John Lee).

Grant of Probate or Letters of Administration is required before this task can be undertaken

Disclaimer

This information is general in nature and is not intended to be relied upon as, nor to be a substitute for, tailored legal advice.