This information aims to help you complete an electronic Transmission Application by a devisee, beneficiary or next-of-kin or by an executor, administrator or trustee.
NOTE: A Transmission Application affecting an interest in land (i.e. a mortgage or lease) must be lodged as a Dealing with Exception.
Stamp duty – Required for a Transmission Application by a devisee, beneficiary or next-of-kin.
Titles – Enter the land title references(s).
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.
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
Where the NSW Trustee and Guardian is the executor or administrator of an estate, a certificate under section 122 NSW Trustee and Guardian Act 2009 may be used in place of the probate or letters of administration. In this instance enter N/A for Probate.
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.
Name of Applicant
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.
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 executor/administrator or trustee consent is required where an applicant is a devisee/beneficiary or next-of-kin. The consent must be retained as evidence in support of the Transmission Application.
NOTE: The consent is still required where an applicant being a devisee/beneficiary/next-of-kin is also the executor/administrator or trustee.
Consent of Executor, Administrator or Trustee
If the consent of a person other than the Executor, Administrator or Trustee is required then reference to the consent should be included on the form and the consent uploaded into the ELNO workspace.
Attachments where consent is required
See attached Minister’s Consent.
See attached Caveator’s Consent.
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 subject to a compliance audit by NSW LRS 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 section 122 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.
Staff processing information
Refer to instruction for Transmission Application.
All NSW legislation can be accessed at www.legislation.nsw.gov.au