Transferring Property After Death in Tasmania: Land Titles Office Guide

Receiving the Grant of Probate does not automatically update the property title. Many executors are surprised to discover that after spending months obtaining the grant, there is an entirely separate process with the Land Titles Office to formally transfer the property into the beneficiary's name or the executor's name for sale. Understanding the steps — and the different processes required depending on how the property was held — prevents expensive delays at the final stage of estate administration.

The Land Titles Office: Tasmania's Central Property Register

All real property in Tasmania is recorded in a centralised Torrens title system managed by the Land Titles Office (LTO), a division of the Department of Natural Resources and Environment Tasmania (NRE Tas). Every dealing with real property — transfers, mortgages, caveats, and transmission applications — must be registered with the LTO to be legally effective.

The first step for any executor or family member dealing with a deceased estate that includes property is to confirm exactly how the title is held. This requires a title search.

A title search from the LTO costs $39.20 and provides the current title register, showing the legal owners and how they hold the property. The register will state either "joint tenants" or "tenants in common" — and this distinction determines everything about what process follows.

Joint Tenancy: Survivorship Without Probate

When property is held as joint tenants, the surviving owner automatically becomes the sole owner upon the death of the other joint tenant. This is the legal doctrine of survivorship. The interest of the deceased does not form part of their estate, is not subject to the Will, and does not require a Grant of Probate for the transfer to occur.

The surviving owner updates the title register by lodging an Application to be Registered Proprietor by Survivorship (sometimes called an RPS application) with the LTO. The required supporting documents are:

• The original Death Certificate (from Births, Deaths and Marriages Tasmania, currently $65.96 per copy)
• The original Certificate of Title (if held by the deceased's bank, you may need to contact the mortgagee)
• The completed RPS form

The lodgement fee is approximately $163 to $177 depending on the current schedule. This process does not require any Supreme Court involvement and can typically be completed within weeks of obtaining the death certificate.

Note that even though survivorship is automatic in law, the title register must be formally updated before any subsequent dealing with the property — sale, refinancing, or transfer to a third party — can proceed. Do not assume the update happens automatically.

Tenancy in Common: Probate Is Required

When property is held as tenants in common, each owner holds a distinct share. Those shares are defined assets that form part of each owner's estate on death. The deceased's share does not pass automatically to the surviving co-owner — it passes according to the Will (or intestacy rules if there is no Will).

The Land Titles Office will not process any transfer of a tenant in common interest without court-issued authority. This means a Grant of Probate (or Letters of Administration if there is no Will) is mandatory before the property can be dealt with.

Once the grant is obtained, the executor lodges a transmission application with the LTO. For property that is being transferred to a named beneficiary (rather than sold), this is done through a Transfer by Assent. For a property being sold, the executor must first be registered as proprietor in their capacity as executor, then complete the sale in the ordinary way.

Transfer by Assent: This is the document by which an executor formally assents to a beneficiary becoming the owner of the property. The Transfer by Assent is a prescribed form under Tasmania's property legislation. The current LTO lodgement fee is $250.21.

Recent reforms to conveyancing practice in Tasmania have significantly changed how LTO dealings are lodged. Many instruments must now be lodged electronically by a licensed conveyancing professional or solicitor through the PEXA electronic conveyancing platform, rather than by paper directly. Self-represented executors handling a Transfer by Assent should contact the LTO directly or engage a conveyancer to confirm the current lodgement requirements, as DIY paper lodgement may no longer be available for this dealing type.

Property Being Sold Rather Than Transferred

If the estate property is to be sold rather than transferred to a beneficiary, the executor needs to be formally registered on the title as executor before the sale can settle. This requires the same transmission application process — the LTO must register the executor's authority before they can sign a contract of sale.

The legal process is:

1. Obtain the Grant of Probate
2. Lodge the Transmission Application with the LTO to register the executor as proprietor in their executor capacity (fees apply at LTO rates)
3. Appoint a real estate agent and execute the sale
4. Settlement proceeds are paid into the estate bank account for distribution after debts are settled

Conveyancers or solicitors handling the property sale can typically manage the transmission application as part of the settlement process.

Mortgage on the Property

If the property has an outstanding mortgage, the mortgage does not automatically extinguish on death. The estate inherits the mortgage liability. Before the property can be dealt with freely, the executor needs to either:

• Service the mortgage payments from estate funds during administration (where estate liquidity allows)
• Arrange with the lender to maintain the loan during administration
• Sell the property and discharge the mortgage from sale proceeds

Lenders have standard processes for dealing with deceased estate properties. Notify the lender early, as they have legal obligations and processes to follow regarding deceased customer accounts.

LTO Fees Summary

LTO fees are set under Tasmania's statutory schedule and update periodically. Verify current fees at the NRE Tas website before lodging.

Practical Checklist for Executors Dealing With Property

Before approaching the LTO, ensure:

• Title search completed — ownership type confirmed (joint tenant or tenant in common)
• If joint tenant: Death Certificate obtained and RPS application prepared
• If tenant in common: Grant of Probate or Letters of Administration obtained
• If transferring to a beneficiary: Transfer by Assent prepared (engage a conveyancer)
• If selling: Transmission Application to register executor on title completed before sale
• Any mortgage holder notified of death
• Conveyancer or solicitor engaged for electronic lodgement if required

For a complete guide to the executor's property transfer obligations — including how to value the property for the Form 10 Inventory, how to manage a property that needs repairs before sale, and what happens when co-executors disagree about a property — the Tasmania Probate Process Guide covers these scenarios with step-by-step instructions and reference to the relevant LTO and Supreme Court processes.

See more Tasmania guides →