Deceased Estate & Property Transfer Services

The timeframe varies depending on several factors. If probate has already been granted, a straightforward transfer typically takes 4-8 weeks. If probate is still required, the entire process may take 3-6 months or longer. Factors affecting the timeline include the complexity of the estate, whether there's a mortgage on the property, if there are multiple beneficiaries, and current processing times at Landgate and the Supreme Court. We provide realistic timeframes based on your specific situation.

In most cases, yes. Landgate generally requires a Grant of Probate or Letters of Administration to transfer property from a deceased estate. The main exception is for property held as joint tenants, which automatically passes to the surviving joint tenant(s) through the right of survivorship. If the property was held as tenants in common or in the sole name of the deceased, probate is typically required. We can verify the property's ownership structure and advise on whether probate is necessary in your specific case.

Transfers from deceased estates to beneficiaries named in the will are generally exempt from stamp duty in Western Australia. This exemption applies when the property is transferred directly to a beneficiary entitled to it under the will or intestacy laws. However, if the property is transferred to someone not named in the will or to a beneficiary in different proportions than specified in the will, stamp duty may apply. We assess each case individually and advise on potential stamp duty implications.

The mortgage remains secured against the property after the owner's death. There are several options for handling it: 1) Pay off the mortgage using estate funds if available; 2) The beneficiary receiving the property can take over the mortgage (requires lender approval); 3) Refinance the mortgage in the beneficiary's name; or 4) Sell the property to clear the debt. The executor must continue making mortgage payments during estate administration to prevent default. We coordinate with financial institutions to determine the best approach for your situation.

Generally, no. Landgate typically requires a Grant of Probate or Letters of Administration to register a transfer from a deceased estate. While the executor has authority to manage the property before probate (such as maintaining it or collecting rent), the legal transfer of ownership usually cannot be completed until probate is granted. The exception is property held as joint tenants, which passes automatically to the surviving joint tenant(s) without requiring probate.

For family transfers, you typically need: 1) Transfer of Land document; 2) Certificate of Title (if paper title exists); 3) Identification for all parties; 4) Evidence of relationship (e.g., marriage certificate for spousal transfers); 5) Any relevant court orders (e.g., Family Court orders for divorce settlements); 6) Mortgage details if the property has a mortgage; and 7) Documentation supporting stamp duty exemptions (if applicable). We provide a comprehensive checklist tailored to your specific transfer situation.

Disagreements among beneficiaries can complicate estate administration. The executor must follow the will's instructions, but disputes may arise regarding property valuation, timing of transfers, or interpretation of the will. Options for resolution include: 1) Mediation between beneficiaries; 2) Obtaining legal advice to clarify the will's intentions; 3) In some cases, seeking direction from the Supreme Court; or 4) Selling the property and distributing proceeds according to the will. We provide objective guidance and can recommend appropriate professional assistance when needed.

Yes, it's possible to add or remove someone from a property title through a transfer process. This is common in situations such as marriage, divorce, or family arrangements. The process involves preparing a Transfer of Land document, obtaining consent from any mortgage provider, paying applicable stamp duty (unless exempt), and registering the transfer with Landgate. If there's a mortgage on the property, the lender's consent is required, which may involve refinancing or loan restructuring. We manage this process to ensure all legal requirements are met.