First published: 16 March 2020
Additional Resources: Help Card
If a joint tenant is deceased and there is at least one surviving tenant, then the surviving joint tenant(s) can make an application to the Land Registry to have the deceased’s name removed, so that only the surviving proprietor’s name is on the Title.
If all joint tenants are deceased or the tenancy type is Tenants in Common, then lodge a Transmission instead.
In New South Wales, a Notice of Death:
Note: If there are multiple joint tenants in the tenancy group and one or more surviving tenant will remain on title, a Notice of Death application for each deceased proprietor must be prepared in a separate workspace.
A Notice of Death can be lodged as a standalone, or in combination with any of the following document types supported in PEXA:
Note: A Transmission can be lodged in the same workspace as a Notice of Death where the tenancy type is TIC with joint inter -se and one of the Tenants in common is also deceased.
When lodging a Notice of Death in PEXA, you are not required to upload evidentiary material, however, you are still required to provide evidence details and retain the evidence for auditing purposes. PEXA accepts the following evidence types:
Once the Notice of Death is lodged with the Land Registry, the deceased tenant will be removed from the Title. If there are multiple deceased tenants, any subsequent Notice of Death documents can be lodged once the first Notice of Death has been registered.
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