Where a sole executor registered as proprietor on the title dies, the executor of the deceased executor may lodge a transmission application in the usual manner.
Where a sole executor not registered as proprietor on the title dies, the executor of the deceased executor may lodge a transmission application claiming as the executor by representation.
Where a sole executor dies without appointing an executor, letters of administration cum testamento annexo (with the will of the deceased registered proprietor attached) are granted by the Probate Division of the Supreme Court and the administrator may lodge a transmission application in the usual manner.
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. Evidence of the death of the executor is also required.
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 be granted by the Probate Division of the Supreme Court and the administrator may lodge a transmission application in the usual manner.
Where there is more than one executor and an executor renounces probate, a new probate will 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.
See Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 [5.220]