Best NSW Probate Guide for Executors With Real Estate: Navigating the PEXA Barrier

If the NSW estate you're administering includes real property, the New South Wales Probate Process Guide is the only self-help resource that covers the PEXA electronic conveyancing barrier end-to-end. Most probate guides and free resources stop at "get the Grant of Probate." They don't tell you that since 2019, NSW has mandated all property transfers go through the PEXA electronic conveyancing network — and that ordinary members of the public cannot access PEXA directly. The result: executors who successfully obtain the Grant themselves still get blindsided when the property transfer stalls because they need a solicitor or licensed conveyancer for that single step. The exception is joint tenancy property, which passes automatically through survivorship and doesn't require probate at all.

Why Real Estate Makes NSW Probate Different

Most NSW estates involve at least one property — the family home. And that property is where the process gets uniquely complicated compared to bank accounts, shares, or superannuation.

The critical distinction is how the property was held:

• Joint tenancy: The surviving joint tenant automatically inherits the property through the right of survivorship. No probate needed. File a Notice of Death (Form 02ND, $182.73) with NSW Land Registry Services, attach a certified death certificate, and the title transfers. This takes weeks, not months.

• Tenants in common or sole ownership: The property forms part of the estate. You need a Grant of Probate (or Letters of Administration if there's no will) before the title can be transferred. And even after you have the Grant, you cannot lodge the Transmission Application yourself.

The PEXA Barrier Explained

Since 2019, NSW has required all conveyancing transactions — including Transmission Applications after death — to be lodged electronically through PEXA (Property Exchange Australia). The PEXA network is only available to registered subscribers: solicitors and licensed conveyancers. Individual executors cannot create a PEXA account or lodge documents directly.

This means you need a professional for exactly one step: lodging the Transmission Application through PEXA. A licensed conveyancer typically charges $500 to $1,500 for this single transaction. That's a fraction of hiring a solicitor for the entire probate process ($3,200+ in regulated scale fees on a $500,000 estate).

The problem is that most resources don't explain this clearly. Executors either hire a solicitor for the entire process because they assume property makes it "too complex," or they obtain the Grant themselves and then discover the PEXA requirement months in.

What Different Resources Tell You About Property Transfers

The Property Transfer Sequence

Once the deceased owned property in NSW as a tenant in common or sole owner, the transfer follows this sequence:

1. Obtain the Grant of Probate from the Supreme Court of NSW (60-83 business days processing time after filing)
2. Engage a licensed conveyancer — you only need them for the PEXA lodgement, not the entire probate process
3. Sign a Client Authorisation Form allowing the conveyancer to act on your behalf in PEXA
4. Conveyancer lodges the Transmission Application electronically through PEXA, attaching the sealed Grant
5. NSW LRS processes the transfer — title is updated to reflect the executor or directly to the beneficiary
6. If the property is being sold: the conveyancer handles the sale settlement through PEXA as well

The two-year Capital Gains Tax exemption window is critical. If the property was the deceased's main residence, it must be sold and settlement completed within two years of death to qualify for the main residence CGT exemption. Not just listed — settled. Missing that window means the beneficiaries face full CGT on any capital gain since the deceased originally acquired the property.

Who This Is For

• Executors whose estate includes a family home held as tenants in common or in the deceased's sole name
• Executors who want to handle probate themselves but need to understand exactly which property-related step requires a professional
• Executors who received a $3,000+ legal quote and want to know whether they can do most of the work themselves, paying a conveyancer only $500-$1,500 for the PEXA lodgement
• Executors dealing with the two-year CGT exemption deadline on the main residence
• Executors who've already obtained the Grant and are now stuck at the property transfer stage

Who This Is NOT For

• Executors whose estate has no real property — bank accounts, super, and shares don't involve PEXA
• Executors dealing with joint tenancy property only — file a Notice of Death with NSW LRS and skip probate entirely
• Estates with contested ownership, caveats on the title, or complex trust structures holding property — these need a solicitor
• Executors managing property in multiple Australian states — each state has its own conveyancing system

Tradeoffs: Guide + Conveyancer vs Full Solicitor

Guide + conveyancer for PEXA only:

• Total cost: for the guide + $500-$1,500 for the conveyancer + court filing fees (~$1,250 for a $500,000 estate)
• You handle the Grant application yourself, saving the solicitor's regulated scale fee
• You retain full control of the process and timeline
• Limitation: you need to be comfortable preparing the UCPR forms and affidavit yourself

Full solicitor for entire process:

• Total cost: $3,200+ in regulated scale fees + court filing fees + conveyancing fees
• The solicitor handles everything from Grant application through property transfer
• Appropriate when the estate is genuinely complex: contested will, multiple properties, interstate or overseas assets, blended family disputes

For the majority of straightforward estates with one or two properties, the guide-plus-conveyancer path saves thousands. The New South Wales Probate Process Guide includes a standalone PEXA Conveyancing Guide printable that walks you through engaging a conveyancer, what the Client Authorisation Form involves, and how to manage the property transfer alongside the rest of the estate.

Frequently Asked Questions

Can I transfer NSW property after death without going through PEXA?

No. Since 2019, all NSW property transactions must be lodged electronically through PEXA. Paper-based lodgement is no longer accepted by NSW Land Registry Services for Transmission Applications. You need a registered PEXA subscriber — a solicitor or licensed conveyancer — to lodge on your behalf.

How much does a conveyancer charge for a Transmission Application?

Typically $500 to $1,500 for a straightforward Transmission Application. If the property is also being sold, the conveyancer can handle the sale settlement through PEXA as well, usually for an additional $800 to $1,500. Get quotes from two or three licensed conveyancers before engaging.

What's the difference between joint tenancy and tenants in common for probate?

Joint tenancy property passes automatically to the surviving joint tenant through the right of survivorship. No probate needed — file a Notice of Death (Form 02ND, $182.73) with NSW LRS. Tenants in common property forms part of the estate and requires a Grant of Probate before the title can be transferred. Check the title to confirm which arrangement applies.

Does the two-year CGT exemption apply to investment property?

No. The two-year main residence CGT exemption only applies if the property was the deceased's main residence immediately before death. Investment properties, holiday homes, and vacant land don't qualify and will attract CGT on any capital gain from the date of death to the date of sale.

Can I get the Grant of Probate myself and only hire a conveyancer for PEXA?

Yes. This is exactly what the New South Wales Probate Process Guide is designed for. You handle the Supreme Court application using the official UCPR forms, then engage a licensed conveyancer solely for the PEXA Transmission Application. Chapter 8 of the guide covers how to engage a conveyancer for this single step and what to expect.

What happens if I distribute estate funds before the property transfer is complete?

Distributing cash and movable assets before the property transfer is complete is legally permissible, but carries risk. If a family provision claim is lodged within the 12-month window and the only remaining asset is the property, the executor may face complications. The safe distribution timeline — six months from death plus 30 days after publishing the Notice of Intended Distribution — applies to all assets including property proceeds.

See more New South Wales guides →