Complete a Transmission Application

This information aims to help you complete an electronic Transmission Application by a devisee, beneficiary or next-of-kin or by executor, administrator or trustee (Please note that the electronic Transmission Application cannot be used for an interest in land. In such cases a paper Transmission Application form 03AD or form 03AE will need to be used).

Stamp duty – required for a Transmission Application by a devisee, beneficiary or next-of-kin

Titles

Select the land title reference.

Deceased Registered Proprietor details

The Deceased Registered Proprietor name is specified in this field. The Deceased’s name must be identical to the name of the registered proprietor as shown on the Register.

If the Deceased Registered Proprietor’s name does not match the Register, a justification for name discrepancy must be provided. See Justification of a name discrepancy page.

Given Name(s)

Family Name

The number of the probate/letters of administration, date of grant and the name of the person to whom the grant was made must be stated and be identical to the evidence retained.

The following fields must be completed:

Date of Death - Insert date

Pursuant to – Insert Probate /Letters of Administration number

Granted on – Insert date of grant

Note: When completing the Notice of Sale, the date of acquisition must be the date of granting of probate or letters of administration.

Where two or more registered proprietors hold as joint tenants and all are deceased, a transmission application affecting the last surviving proprietor (the youngest where all have died at the same time) may be lodged providing satisfactory evidence of the death of the other proprietors is referred to in the transmission application and retained as evidence. 

Date of Death – Insert date of death of the last deceased.

Applicant details

Name of Applicant

Tenancy type

If there is only one applicant, select sole proprietor.

If there is more than one applicant, select one of the following:

  • Joint tenants - a tenancy held by two or more proprietors intending to act and be treated as if they are one proprietor.
  • Tenants in common - a tenancy involving two or more parties and/or joint tenancies intending to be able to separately deal with their share in the same property.
For more information about tenancy types, see What is tenancy? FAQ.

The claiming capacity of the applicant must be stated.  The applicant must claim in one capacity only.

Capacity – Insert the capacity (Executor/Administrator/Trustee or devisee/beneficiary/next-of-kin)

The consent is not necessary where an applicant is also the executor. Where there are several executors, administrators or trustees, each must join in the application either by consenting to it or as an applicant.

Consent of Executor, Administrator or Trustee

Insert Name -

Capacity- 

Standard form of Caveat - prevents registration of a Transmission Application by a devisee, beneficiary or next-of-kin

A caveat by the NSW Trustee and Guardian protecting the estate of a deceased registered proprietor will be lapsed on registration of a transmission application for that deceased registered proprietor.

Priority Notice noted on the Register - see Priority Notice page.

The evidence of the applicant's right to be registered as proprietor.Such evidence must be retained by the subscriber which may be required for compliance audit by NSWLRS; for example:

  • the relevant probate, letters of administration, or a copy thereof certified by a solicitor, barrister, licensed conveyancer, justice of the peace, or an authorised employee of an organisation
  • a Probate Division office copy or exemplification of the will
  • a certificate under s122 NSW Trustee and Guardian Act 2009

The evidence must indicate to whom and in what capacity the applicant is to hold the land.

Note A probate granted in another State must be re-sealed by the Probate Division of the Supreme Court of NSW.

Where a limited or contingent grant of probate or letters of administration is referred to, ensure that the grant has not been terminated by the happening of the subject event. See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [170.450].Note that the supporting evidence must be retained.

Where the NSW Trustee and Guardian is the executor or administrator of an estate, a certificate under s122 NSW Trustee and Guardian Act 2009 is acceptable in place of the probate or letters of administration.

Staff processing information

Refer to instruction for Paper Transmission Application