LINZ Property Transfer After Death

Transferring property after a death in New Zealand goes through LINZ — the Land Information New Zealand register. The process differs significantly depending on whether you held the property as joint tenants or tenants in common (or sole owner). Getting this wrong causes delays that can last months.

Here's exactly what each path involves.

Check the Title First

Before doing anything else, check the current LINZ title for the property. You can do this at linz.govt.nz — search by address or title number. The title will show you:

• Who the registered owners are
• Whether they hold as joint tenants or tenants in common
• Any mortgages or caveats registered on the title

This single piece of information determines which process you follow. Don't assume — even long-term couples are sometimes surprised to find they hold as tenants in common rather than joint tenants.

Path 1: Joint Tenancy — Transmission by Survivorship

If the title shows joint tenants, the surviving owner becomes the sole owner automatically on the death of the other owner. The legal term for registering this on the LINZ title is transmission by survivorship (sometimes written as TSM in Landonline).

No probate is required. The property doesn't form part of the deceased's estate for the purposes of this transfer — it passes by operation of law.

What You Need

To lodge a transmission by survivorship at LINZ, you (or a conveyancer) will need:

1. Authority and Instruction (A&I) form — the standard LINZ instrument authority form, signed by the surviving owner
2. Death certificate — either the original or a certified copy
3. Statutory declaration — a sworn statement confirming the joint tenancy relationship and the death, signed before a Justice of the Peace, solicitor, or barrister
4. $122 e-lodgement fee — payable on lodgement through Landonline

The Landonline Process

LINZ property dealings are lodged electronically through Landonline, which requires a registered conveyancer or lawyer. Most surviving spouses use a conveyancer for this reason — Landonline isn't publicly accessible.

The process:

1. The conveyancer creates a new dealing in Landonline with the TSM instrument
2. They attach the death certificate and statutory declaration
3. The A&I form is signed digitally by the surviving owner
4. The dealing is submitted to LINZ for registration

LINZ registration is typically completed within 3–10 working days for standard dealings. The surviving owner then appears on the title as sole owner.

Total cost: $122 LINZ fee plus conveyancer's fees (usually $200–$400 for a straightforward transmission). Some lawyers charge more — get a quote.

Mortgage Implications

If there's a mortgage on the property in both names, the bank needs to be notified separately. The mortgage doesn't automatically transfer — you'll need to go through the bank's process to have the mortgage moved to your sole name. This involves a credit assessment, and the bank may require you to refinance. Start this conversation with the bank early.

Path 2: Tenants in Common or Sole Owner — Probate First

If the title shows tenants in common (each owner holds a defined share), or the deceased was the sole owner, probate is required before the property can be transferred.

In these cases, the deceased's share of the property (or the whole property) forms part of their estate. The estate must be administered — through an executor if there's a will, or an administrator appointed through the High Court if there's no will — before the property can be dealt with.

The Two-Step Process

Step 1: Obtain probate or Letters of Administration

Apply to the High Court for a grant of probate (if there's a will) or Letters of Administration (if there's no will). This process takes 6–12 weeks and costs $260 in court fees plus legal fees if you use a lawyer.

Step 2: Transmission to Executor or Administrator, then transfer

Once probate is granted, the executor or administrator lodges a Transmission to Executor in Landonline. This registers the estate's grant on the LINZ title.

From there, the executor can transfer the property to the beneficiary under the will (or under intestacy rules). This is a second Landonline dealing — a Transfer instrument from executor to beneficiary.

Tenants in Common — Surviving Owner's Share

If the title shows tenants in common with the surviving co-owner holding their own share, the surviving co-owner's share is unaffected by the death — it remains theirs. Only the deceased's share needs to go through probate.

The surviving co-owner doesn't need to do anything with their half during probate. Once probate is completed, the executor transfers the deceased's share (to the surviving co-owner, to another beneficiary, or to a purchaser if the property is sold).

DIY vs Using a Conveyancer

For a transmission by survivorship, using a conveyancer is practical because Landonline access is required. The work is modest — most conveyancers charge $200–$400 for this.

For a transmission to executor plus transfer, the complexity is higher, and the risk of errors (which cause Landonline requisitions and delays) is greater. A lawyer or conveyancer is strongly recommended.

If cost is a concern: some community legal services and Citizens Advice Bureau can provide guidance, and the Public Trust can assist with estate administration. But for property transfers specifically, LINZ lodgement requires a licensed professional.

Common Questions

Can I sell the property while waiting for probate? You can list it and sign a sale and purchase agreement, but settlement can't occur until the Transmission to Executor is registered. In practice, most lawyers advise clients not to sign a binding agreement until probate is at least filed — delays in the probate process can push settlement out significantly.

What if there's a caveat on the title? A caveat by a third party (a creditor, a disputed beneficiary) prevents any dealing on the title until it's removed. Check for caveats on the LINZ title before starting — a caveat that surfaces mid-process causes significant delay.

Does the property need to be revalued? For estate purposes (calculating distributions to beneficiaries), a valuation is often needed. LINZ doesn't require a valuation for registration purposes, but the estate may need one for tax or distribution reasons.

What about land tax or bright-line? New Zealand's bright-line test (capital gains on residential property sold within a set period) applies to some transfers. Transmissions by survivorship between spouses are generally exempt. Get advice if timing or relationship status makes this uncertain.

Getting the Survivor Benefits Picture Right

Property transfer is one part of settling a deceased's affairs. The financial support available to surviving spouses — from Work and Income, ACC, KiwiSaver, and NZ Super — operates entirely separately and doesn't depend on the property transfer being complete. The NZ Survivor Benefits guide covers those entitlements in detail.

Summary

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