LTO Transmission Application Tasmania: Transferring Property After Death

When someone dies owning property in Tasmania, the first question isn't "how do we sell it" — it's "who currently has legal title, and what kind of ownership was it?" The answer to that question determines whether you're looking at a simple Land Titles Office registration or a full Supreme Court probate process. Getting this wrong costs months.

Joint Tenancy vs Tenants in Common: Why It Changes Everything

Tasmania's Land Titles Office recognizes two fundamentally different forms of co-ownership, and they trigger completely different legal processes after death.

Joint tenancy operates on the principle of survivorship. When one joint tenant dies, their interest in the property passes automatically and instantly to the surviving joint tenant — regardless of what the Will says. The property does not form part of the estate. Probate is not required for the property transfer.

Tenants in common is completely different. Each co-owner holds a distinct, specified share (e.g., 50/50). When a tenant in common dies, their share does form part of their estate. It passes according to the Will or intestacy rules — and the Land Titles Office will not touch the title until a Grant of Probate or Letters of Administration is produced.

Before you do anything else, run a title search through the LTO (NRE Tas) to confirm the ownership type. A folio text or plan search costs $39.20 and tells you definitively whether the property was held as joint tenants or tenants in common. Don't guess based on what family members remember about the original purchase.

The Survivorship Path: Application to be Registered Proprietor (RPS)

If the property was held as joint tenants, the surviving owner needs to lodge an Application to be Registered Proprietor by Survivorship (RPS) directly with the LTO. No Supreme Court involvement required.

To lodge the RPS, you'll need:

• The original Certificate of Title (or the title reference if the title is electronically held)
• An original certified copy of the Death Certificate from BDM Tasmania
• The applicable LTO lodgement fee (approximately $163–$177 in 2026/2027, verify current fees at nre.tas.gov.au)

The important caveat here: Tasmania has been progressively moving toward electronic conveyancing via PEXA. For personal representatives dealing with deceased estates, paper-based processes remain available in many cases, but you should check the current LTO requirements before attempting a DIY lodgement, as many instruments now require a licensed conveyancing professional or solicitor to lodge electronically. Contact the LTO directly to confirm your options.

The Tenants in Common Path: Probate First, Then Transmission

If the deceased held property solely or as a tenant in common, a Grant of Probate (or Letters of Administration if there is no Will) from the Supreme Court of Tasmania is mandatory before the LTO will process any dealings with the title.

Once you have the sealed Grant in hand, the process of moving the property to the beneficiary requires a transmission application — specifically a Transfer by Assent for most testamentary dispositions. The LTO lodgement fee for a Transfer by Assent sits at approximately $250 in 2026/2027.

The transmission application must be lodged at the LTO with:

• The certified Grant of Probate (not a photocopy — the LTO requires the original sealed document or a certified copy)
• The executed Transfer instrument signed by the executor
• Payment of the applicable fees

Critically, obtaining probate does not automatically update the property title. The Supreme Court issues the grant; the LTO processes the actual title change. These are two separate government agencies with two separate processes. Many executors complete probate and then are surprised to discover the property is still in the deceased's name months later.

Real Estate Probate: The LTO Won't Move Without It

If the deceased was the sole registered proprietor of any Tasmanian real estate, you cannot sell, transfer, or mortgage that property until either:

• A Grant of Probate or Letters of Administration is sealed by the Supreme Court, or
• You are dealing with joint tenancy property and are lodging an RPS

Financial institutions sometimes release funds under informal bank thresholds without a grant. The LTO does not. There is no small-estate exception for real property at the Land Titles Office. Even a deceased estate with a single modest property in a regional area requires formal court authority before the title can move.

The Supreme Court probate filing fee scales with the gross value of the Tasmanian estate — for a property worth $500,000–$999,999, the filing fee is $1,317.90 for 2025/2026.

What Executors Often Get Wrong

The two most common mistakes with Tasmanian real estate and deceased estates:

Assuming the Will transfers title directly. It does not. The Will identifies who is entitled to the property; the LTO transfer instruments actually move legal title. An executor must actively complete both the probate process and the LTO lodgement.

Removing staples from the original Will. The Supreme Court of Tasmania requires the original Will to be lodged with the probate application exactly as found. Any unexplained holes, clip marks, or removed staples trigger a formal Affidavit of Plight and Condition, which delays processing and typically requires a lawyer to prepare.

If the deceased owned property in multiple states, you may also need to consider whether the Grant obtained in Tasmania (or another state) needs to be resealed in each jurisdiction where property is held.

The Tasmania Probate Process Guide covers the complete LTO transmission process step by step, including the specific forms, lodgement requirements, and how to correctly complete the Supreme Court's Form 10 Inventory to capture property value accurately.

See more Tasmania guides →