Services
Deceased Estates
Deceased Estate Transfers
Upon the death of a Registered Proprietor, documentation needs to be lodged in Lands Titles Office to transfer the property ownership to the surviving joint tenant, executor or trustee (depending on the ownership structure).
Distinct Conveyancing offers a compassionate and supportive service to help you with your deceased estate transfers. We understand that this can be a difficult time, and we’re here to help guide you through the legal process with sensitivity and care.
Our experienced team will handle all the details so you can focus on what’s important – taking care of yourself and your loved ones. Trust us to handle your deceased estate transfer with professionalism and expertise.
Frequently Asked Questions
Do I need Probate to sell or transfer a deceased estate property?
Yes, Probate (or Letters of Administration in the event there was no will) is required if the deceased owned property solely in their name or owned the property with others as Tenants in Common. However, if the property was jointly owned ie Joint Tenants), it may transfer automatically to the surviving owner/s.
Are there stamp duty exemptions or concessions?
Exemptions and concession may apply – please refer to https://www.revenuesa.sa.gov.au/stamp-duty-land for more information. If you are eligible, your conveyancer can assist with the application process.
Can I do my own conveyancing?
While it’s legal to handle your own conveyancing, it’s not recommended due to the complexities of property laws. Hiring a professional reduces risks and ensures accuracy.
How do I transfer property from a deceased estate?
If a property is owned by a deceased person, it must be transferred according to ownership – either to a surviving joint tenant, or in the case of a sole proprietor or tenants in common, to the beneficiaries or sold by the Executor (via Grant of Probate) or Administrator (via Letters of Administration). A conveyancer ensures the legal transfer is handled smoothly.
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