Double probate

Where one of several executors named in the will took leave (ie temporary absence) at the granting of probate, that executor may apply for and also be granted probate at a later time, ie double probate. Where the other executors were granted probate and are registered on the title, the later executor may be added to the title as a registered proprietor by means of a transfer and not by transmission application. See Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 [5.200]; Baalman And Wells, Land Titles Office Practice, Thomson Reuters [560.150].

Staff processing information

A transmission application by a new executor based on double probate must be referred to Legal through the Senior Examining Officer.