Last updated: 05 September 2019
Jurisdiction: NSW
Additional Resources: Help Card
Overview
If a Sole Proprietor, a Tenant in Common, or all parties in a Joint Tenancy on a title have passed away, then you can lodge a Transmission Application to appoint a legal representative to an estate. This allows an Executor, Executor by Representation, Administrator, or Trustee to obtain ownership of the title to deal with the Estate.
A Transmission can be lodged:
- As a standalone application
- Together in the same Workspace as a Transfer
When lodging a Transmission Application in NSW, the following information is required:
- Details of Death
- Evidence Details
- Consent
In NSW, you are not required to submit supporting documents when lodging Transmission Applications in PEXA, however, ensure that you are in possession of the correct documentation.
Alternatively, if a beneficiary has been nominated, then the ownership of title can be directly transferred to the beneficiary by completing a Transmission Direct to Beneficiary.
Interactive Demo
Click the link to launch an interactive demonstration on how to complete a standalone Transmission Application in NSW - Launch Interactive Demo
Steps
- Create the Workspace in the role of an Incoming Proprietor.
- For a standalone Transmission, select No to Financial Settlement required?.
- For a Transmission lodged with a Transfer in the same Workspace, select Yes to Financial Settlement required? and Will this transaction involve a Transfer?.
- Review the Land Title.
- Register the Proprietor(s) on Title as deceased:
- On the Participant screen, click Edit Party next to the party to be registered as deceased.
- For Representation, select The Proprietor is Deceased.

- Add Details of Death:
- Click Add Details of Death.
- Enter the Date of death.
- Click Confirm.

- Complete the rest of the form as per normal then Save the changes.
Complete the same steps as above for all proprietors who are deceased.
- Create the Legal Personal Representative:
- Navigate to the Participants screen and then click Create Party.
- For the Role, select Incoming Proprietor.
- For Party Capacity to be recorded on Title, select one of the following options:
- Administrator
- Executor
- Executor by Representation
- Trustee

- Complete the rest of the form as per normal.
- Create a Transmission document:
- Navigate to Documents > Create Document > Transmission.
- By default, the Applicant Details is pre-populated with the party you created in step 3.
- For Tenancy, select the deceased tenant. Ensure that Details of Death has been added against the selected tenant.

- Add Evidence Details:
- Select the Evidence Type.
- Enter the reference number and date.
- Click Add Evidence to add additional evidence if required.

- Save the document.
- Edit the Notice of Sale:
- On the Documents screen, click Edit next to Notice of Sale.
- Complete the fields and then Save the changes.
The document status for Notice of Sale should now be Prepared.
- Create a Consent:
- On the Documents screen, select Create Document > Consent.
- Complete the fields and then Save the changes.
Note: If there is a mortgage registered on title, you will need to invite them into the Workspace as Consentor to complete the Consent document. This is completed via the Participants screen.
- For a Transfer Workspace only—If you are lodging a standalone Transmission then skip this step.
Invite the Incoming Proprietor into the Workspace via the Participants screen and then wait for them to:
- Create and represent the incoming party as a new party in the Workspace.
- Create the Transfer document.
- Edit the Lodgement Instructions.
- On the Documents screen, click Edit against Lodgement Instructions.
- Complete the fields and then Save the changes.
- View, sign, and lodge the documents:
- Once the Transmission Application is Prepared and Successful, select View to view a render of this document. Click Back to go back to the Documents screen.
- Click Sign to sign the Lodgement instructions, Transmission Application, and if applicable, Consent and Transfer.
- Click Submit for Lodgement.
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