Deceased or renounced executor

Where a sole executor who is registered as the proprietor dies, the executor of the deceased executor may lodge a transmission application in the usual manner.

Where a sole executor who is not registered as the proprietor dies, the executor of the deceased executor may lodge a transmission application claiming as the executor by representation (see below).

Where a sole executor dies without appointing an executor, letters of administration cum testamento annexo (with the will of the deceased registered proprietor attached) will need to be granted by the Probate Division of the Supreme Court. Once granted, the administrator may lodge a transmission application in the usual manner (Transmission Application form 03AE).
Where an executor dies who:

  • is not registered as a proprietor on the title and
  • is shown as a joint tenant with other executors in the probate

the surviving executors may lodge a transmission application for the deceased registered proprietors estate or interest in the usual manner (Transmission Application form 03AE). Evidence of the death of the executor is also required to be provided to NSW LRS.

Where an executor dies who:

  • is registered as a proprietor on the title and
  • is shown as a joint tenant with other executors

the surviving executors may lodge a Notice of Death form 02ND in the usual manner.

Where a sole executor renounces probate, letters of administration will need to be granted by the Probate Division of the Supreme Court and the administrator may lodge a transmission application in the usual manner (Transmission Application form 03AE).

Where there is more than one executor and an executor renounces probate, a new probate will need to be granted by the Probate Division of the Supreme Court, usually containing a reference to the renounced executor. The remaining executors may lodge a transmission application in the usual manner (Transmission Application form 03AE).

Executor by representation (deceased sole executor)

Where a sole executor who is not registered on the folio of the Register dies, his or her executor may lodge a Transmission Application form 03AE claiming as executor by representation of the deceased registered proprietor's estate. The Probates or certified true copies thereof for the deceased registered proprietor and the deceased executor must be furnished.

Published Date: October 2024