Transferring Property After Death in the ACT: Form 015-ND vs Form 032-TA

When someone dies owning property in the Australian Capital Territory, the house does not automatically transfer to anyone. The title stays in the deceased's name until a formal application is lodged with Access Canberra's Land Titles office. Which form you use — and whether you even need probate first — depends entirely on how the property was held.

Getting this wrong creates real problems: banks won't release funds tied to the property, sale settlement can stall, and you may inadvertently trigger stamp duty that the law would otherwise exempt you from paying.

The single most important question: how was the property held?

Pull out the Certificate of Title and look at the ownership structure. There are two possibilities:

Joint tenants — both names are on the title with a right of survivorship. When one owner dies, the survivor automatically becomes the sole owner by operation of law. The property does not form part of the probate estate at all.

Tenants in common (or solely owned) — each owner holds a defined share. When one owner dies, their share passes according to the Will or intestacy rules. This share absolutely forms part of the probate estate and requires a Grant of Probate before it can be transferred.

This distinction determines everything about which form you file and whether you need to go through the ACT Supreme Court first.

Form 015-ND: Notice of Death by Surviving Proprietor

If the property was held as joint tenants, the surviving owner files Form 015-ND (Notice of Death by Surviving Proprietor) directly with Access Canberra Land Titles. You do not need probate for this.

What you'll need:

• Completed Form 015-ND
• Original Death Certificate (issued by Access Canberra BDM — allow up to 15 business days after the funeral director registers the death)
• The Certificate of Title, if you hold it
• Filing fee: $178

The form removes the deceased's name from the title and the surviving proprietor becomes the sole registered owner. This is usually straightforward for a surviving spouse who jointly owned the family home.

One timing note: don't rush to file the moment you have the death certificate. If you suspect any property-related family provision claim may arise, get legal advice first. The property may still be relevant to that process even if it passes outside of probate.

Form 032-TA: Transmission Application

If the property was held solely by the deceased or as tenants in common, you cannot touch the title until probate is granted. Once you have the Grant of Probate from the ACT Supreme Court, the executor files Form 032-TA (Transmission Application) with Access Canberra.

This application transfers the property either:

• Directly to a beneficiary named in the Will, or
• Into the executor's name temporarily while the estate is being administered (typically before sale)

What you'll need:

• Completed Form 032-TA
• Sealed Grant of Probate (not a photocopy — the court-stamped original)
• Original Death Certificate
• Filing fee: $178

The Transmission Application is the legal mechanism that connects the probate grant to the actual land register. Without it, the property is stuck — you cannot sell it, mortgage it, or transfer it to a beneficiary regardless of what the Will says.

What happens if the title has both a joint tenancy and a tenancy in common?

Some properties are more complex. For example, four siblings might co-own a property where two hold as joint tenants (between themselves) and the group holds as tenants in common with the other two. In these situations, the forms used depend on each specific ownership interest. This is exactly the kind of scenario where engaging a conveyancer or solicitor for the transmission is worth the cost — a misclassification leads to rejected applications and delays that can run for months.

Vehicles follow different rules

It's worth noting that vehicle registrations in the ACT are handled separately through Access Canberra's vehicle registration division, not the Land Titles office. Deceased estate vehicle transfers attract no standard transfer fee and are exempt from motor vehicle duty. You'll need the Death Certificate, the Will if applicable, and potentially letters of consent from co-beneficiaries.

The probate step you can't skip

For Transmission Applications, you must obtain probate before you can file. That process involves publishing a Notice of Intention to Apply via the ACT Supreme Court's online portal, waiting the mandatory 14-day period, then filing the application with forms 3.1, 3.4, 3.11, and 3.14 along with the original Will and Death Certificate.

Filing fees are tiered by estate value: estates under $50,000 pay nothing; $50,000–$249,999 costs $1,124; $250,000–$499,999 costs $1,420; $500,000–$999,999 costs $2,147; and estates over $1 million attract a $2,859 filing fee.

If you're managing the property transfer as part of a broader estate, understanding where the land title fits in the overall sequence — and whether you need probate, which form to use, and how stamp duty applies — is the kind of detailed knowledge that prevents expensive mistakes.

The ACT Estate Settlement Guide walks through the complete property transfer process including Access Canberra forms, the probate filing sequence, and the stamp duty conformity rules that determine whether you owe conveyance duty on the transfer.

Key deadlines and fees at a glance

Handling property transfers correctly — using the right form, in the right sequence, with the right documents — is one of the most consequential things an executor does. The cost of getting it wrong is measured in months of delay, not just dollars.

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