Last updated: 05 September 2019 Jurisdiction: NSW Additional Resources: Help Card
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
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.
Click the link to launch an interactive demonstration on how to complete a standalone Transmission Application in NSW - Launch Interactive Demo
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, select Action Cog > 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.
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:
Executor by Representation
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, select Action Cog > 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.