Assets which the deceased owned as a joint tenant with others do not form part of the estate. Such assets pass to the surviving joint owners. Married couples often own family homes, bank accounts and investments as joint tenants.
To become the sole registered proprietor of real estate a surviving joint tenant must lodge a survivorship application at Landgate (formerly the Department of Land Administration). The application must include the death certificate and a statutory declaration may also be required. Contrary to popular belief there is no need to lodge a survivorship application immediately upon the death of a joint tenant. The application can just as easily be done at the time of disposal of the property, whether by sale or upon the death of the last surviving joint owner.
Assets which the deceased owned as a sole owner or as tenants in common with others do form part of the estate and must be sold or transferred according to the directions in the Will. There are two steps involved here:
- firstly, the property must be transferred into the name of the executor or administrator of the estate - known as a transmission application; and
- then the property can be transferred to the beneficiary or beneficiaries named in the Will or, in the case of a sale, to the purchaser.
Let us take care of it for you
We offer a fixed price service for real estate transfers arising from a deceased estate.
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We will (as required):
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prepare applications for survivorship, transmission and transfer under the terms of the Will and any necessary supporting statutory declarations;
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arrange for you and any other parties to sign the documents;
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arrange payment of transfer duty (formerly known as stamp duty) and endorsement of the transfer;
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for transfers, notify the local authority, Water Corporation and Office of State Revenue of the change of ownership using Landgate's electronic advice of sale system;
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lodge the signed documents at Landgate for registration.
The above includes a reasonable allowance for correspondence and telephone calls.
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Fixed prices (per property)
| Survivorship |
Transmission |
Transfer to beneficiary/ies |
| Our fees |
275 |
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Our fees |
275 |
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Our fees |
165 |
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| Landgate fee |
160 |
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Landgate fee |
160 |
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Landgate fee |
160 |
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| Search fee |
25 |
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Search fee |
25 |
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Transfer duty |
20 |
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| Total |
$460 |
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Total |
$460 |
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Total |
$345 |
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Selling real estate
If you wish to sell a property in the course of administering a deceased estate - for example, if none of the beneficiaries wish to retain the property - we offer fixed prices for real estate settlements.
Visit - Real estate settlements
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Things you should know
Additional services
The following services are not included in the fixed-price; however, if you require them, we welcome the opportunity to give you an estimate of charges at a short consultation:
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arranging the withdrawal or discharge of any encumbrances affecting the property;
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locating or arranging production of any certificate of title; and
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answering any requisitions issued by Landgate.
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How to instruct us
We'll ask you
If we're completing a Grant of Probate or other estate services for you, we'll offer you our real estate transfer services as a matter of course.
Arrange a short consultation:
- use our online booking request
- or telephone 9220 4434 (1800 018 845 freecall from regional Western Australia) during business hours. If you're not booking online, you could save time at the consultation by completing our Initial Consultation Form (PDF document) and bringing it with you to the consultation.
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