How to Change the House Title After Death in New Zealand (Joint Tenancy)

When a spouse dies and you own your home together as joint tenants, you already own the full property by law. The problem is that the public record at Land Information New Zealand (LINZ) still shows both names — and until you update it, you cannot sell, refinance, or formally deal with the property. That update is not automatic. It requires a specific legal process called a Transmission by Survivorship.

The good news: you do not need High Court probate for this. The bad news: you cannot do it yourself without a registered conveyancer. Here is what the process involves, what it costs, and what you need to prepare.

Joint Tenancy vs Tenants in Common — the distinction that controls everything

New Zealand law handles property differently depending on how you held it:

Joint tenancy means each owner holds the entire property together. When one owner dies, the survivor automatically becomes the sole owner by right of survivorship. This is the most common way couples hold the family home. Probate is not required to trigger the ownership change, but you must still formally register the transmission with LINZ.

Tenants in common means each owner holds a defined share — say 50/50 or 70/30. When one owner dies, their share falls into their estate, not automatically to the other owner. You must wait for High Court probate before a conveyancer can transfer the deceased's share to the executor or beneficiary.

Check your property's record of title on the LINZ website using the property address. The ownership type will appear in the legal description.

What is a Transmission by Survivorship?

A Transmission by Survivorship (instrument code: TSM) is the formal LINZ instrument used to update a property title when a joint tenant dies. It does not involve the High Court. The transfer is based on the legal fact that survivorship already happened at the moment of death — you are simply recording it on the public register.

A conveyancer or solicitor must lodge the instrument on your behalf via Landonline, LINZ's secure online property system. The public cannot access Landonline directly.

Documents you need to prepare

Your conveyancer will prepare the legal instruments, but you must gather and provide:

• Certified copy of the death certificate — the official $35 version from Births, Deaths and Marriages (BDM), not a printout. LINZ requires the legalized document.
• Authority and Instruction (A&I) form — a standard form your conveyancer generates in Landonline. You sign it to authorize the conveyancer to act on your behalf and certify your identity.
• Identity verification — current New Zealand passport or driver licence. The conveyancer must confirm your identity in person before lodging.
• Statutory declaration — a formal sworn statement by you or the conveyancer confirming the death and your relationship to the deceased. This must be signed before a Justice of the Peace, solicitor, or Notary Public.

You do not need the original title certificate (Certificates of Title are electronic in New Zealand). You do not need the will, and you do not need probate.

What does it cost?

There are two cost layers:

1. LINZ e-lodgement fee: $122 (for standard electronic lodgement via Landonline).
2. Conveyancer or solicitor fees: Typically $500–$1,200 depending on the firm and complexity. Some firms charge a flat fee for survivorship transmissions; others bill hourly.

If your property is held as tenants in common, costs increase significantly because probate must be obtained first ($269 filing fee plus legal costs) before the transfer can proceed.

The process, step by step

Step 1: Confirm ownership type on the LINZ title. Look up the property on linz.govt.nz using the address. Confirm it shows joint tenancy (not tenancy in common or sole ownership).

Step 2: Order the death certificate. Apply online through the BDM portal at bdmhistorical.dia.govt.nz. Order at least three certified copies ($35 each) — the conveyancer will need one, and banks or other institutions will need the others.

Step 3: Engage a conveyancer or solicitor. The Property Law Section of the New Zealand Law Society can refer you to a local property solicitor. Some firms advertise flat-rate survivorship transmissions. Get a written quote before proceeding.

Step 4: Sign the A&I form and statutory declaration. Your conveyancer will prepare both documents. The statutory declaration must be witnessed. Your conveyancer can act as the witness.

Step 5: Conveyancer lodges the TSM instrument. Your solicitor submits the transmission through Landonline. LINZ typically processes routine transmissions within 5–10 working days. You receive an updated record of title showing your name as the sole registered owner.

Māori land — a critical exception

Standard LINZ rules do not apply to Māori freehold land. If the deceased held shares in Māori land, succession is governed exclusively by the Māori Land Court under Te Ture Whenua Māori Act 1993. The transmission process requires an application to the Māori Land Court, not LINZ. Do not attempt to use the standard TSM process for Māori land — seek a Whenua Māori specialist immediately.

What happens if the property was in the deceased's name alone?

If the property was held solely by the deceased — not as a joint tenant — the title cannot be updated without a Grant of Probate from the High Court. The executor named in the will must obtain probate, then lodge a Transmission to Executor instrument with LINZ. This is a separate, more expensive process.

After the title transfers

Once LINZ updates the title, notify your bank if the property is mortgaged (they will update their records), inform your home insurer, and advise the local council so rates invoices are addressed correctly.

If you are on a fixed income such as New Zealand Superannuation, check whether you qualify for a local council rates rebate. Surviving spouses with a SuperGold card may qualify for up to $830 reduction annually.

The property transfer is just one piece of the post-death administration. The New Zealand Survivor Benefits Navigator walks you through the complete picture — benefit claims, bank access, KiwiSaver release, and the full LINZ process — in one coordinated guide.

See more New Zealand guides →