A deceased estate is the property and assets of a person who has died. The person dividing and dealing with the intricacies of this is referred to as the administrator and is usually one of the beneficiaries of the estate.
That is, they will have been nominated to administer the estate by the person who passed away.
A key element of dealing with a deceased estate is the transmission application. This application allows either the sole proprietor or tenant in common of a property to transfer their share of the property to the beneficiaries or beneficiary.
At Crescent Conveyancers our team is here to guide you through this process, allowing it to be a stress free and smooth experience.
We know that these things can’t be rushed. There’s no hurry in finalising your loved one’s estate, you can take your time before you begin the administration process. In most cases a full year is allowed.
If you have been appointed as an Executor of a will or an Administrator you may be required to file an application for Grant of Probate or Letter of Administration. If the deceased was a sole proprietor or tenant in common, a Transmission Application will need to be lodged once Probate letters have been granted. These letters transfer the deceased’s property or portion on the property to you, the executor. From here you’ll then be able to transfer the property onto the beneficiaries if needed.
While this may sound confusing at first, once you’ve received your letter on administration we’ll be here to assist you.
This starts with us taking the time to understand your unique situation and all the stakeholders involved. We can act as the liaison between parties, ensuring high attention to detail across all your paperwork to ensure your deceased estate is dealt with seamlessly. We keep in touch with you throughout the process and maintain total transparency with you. These can be difficult times, and for many people it’s the first time they’ve been involved in complex property transactions. By keeping communication as a top priority, we keep the logistical elements as simple as possible.
In some cases a survivorship application is required to be lodged. This is needed where the deceased and the survivor are joint tenants. The balance of the property is then transferred into the survivor’s name. Where this is the case a grant of probate is not required, although if a mortgage is registered for the property then the bank must give consent. We can attend a settlement with the bank and liaise with them on your behalf where this needed.
The legalities and processes around deceased estates and transmission applications should always be very straightforward. Our friendly team has the experience and know-how to ensure that this is the case for you. Contact us today for assistance with your deceased estate and transmission application.