Last updated: 05 September 2019
Jurisdiction: SA
Additional Resources: Help Card
Overview
If a Sole Proprietor on a property title has passed away, then a Transmission application should be made to appoint a representative to an estate.
Note:
- If all Joint Tenants have passed away, a Surivorship will need to be lodged for each pre-deceased joint tenant and a Transmission for the Primary deceased. Please see Complete a Survivorship—with Transmission (SA) for instructions on how to prepare this Workspace.
- If the tenancy is Tenants in Common a transmission application cannot be processed in PEXA
A Transmission can be lodged:
- As a standalone application
- Together in the same Workspace as a Transfer
In SA, you are required to provide supporting evidence of the death such as Registrars Certificate, or Letter of Administration. Use the following steps to complete a Transmission in South Australia in PEXA.
Video
Steps
- Create the Workspace in the role of an Incoming Proprietor.
Important: For a Transmission application (standalone or lodged with a Transfer), it's important to create the Workspace in the role of 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.
- Create the Administrator or Executor as an Incoming Proprietor:
- Navigate to Participants screen and then click Create Party.
- Select Incoming Proprietor as the role.
- Select Administrator or Executor as the Party Capacity to be recorded on Title for the Legal Personal Representative.
- Complete the rest of the form as per your normal process.
- Register the Proprietor on Title as deceased:
- Navigate to Participants screen.
- Select Edit Party for the deceased party
- For Representation, select The Proprietor is deceased.
- Add Details of Death:
- Click Add Details of Death.
- Enter the Date of death.
- Click Confirm.
- Save the changes.
- Create a Transmission document:
- Navigate to Documents > Create Document > Transmission.
- Add Evidence Details:
- Click Evidence Details.
- Click Save.
- Save the changes.
- Upload supporting documents as evidence of death:
- Navigate to Files > Upload File.
- Browse to locate the file.
- Select the correct File Description.
- Select Share with All Workspace Participants.
- Select the files and then click Upload.
Continue to upload files as necessary. Typically, documents required could include Letters of Administration or Registrar's Certificate.
- Attach uploaded files to the Transmission:
- On the Files screen, select Action Cog > Attach for the file you want to attach.
- Select Transmission.
- Click Attach.
- 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.
- Verify Stamp Duty.
- View, sign, and lodge the documents:
- Once the Transmission Application has a Prepared and Successful status, select View from the Actions column to view a render of this document.
- Go Back to the Documents screen, and ensure the relevant parties sign and lodge the Transmission and if applicable, the Transfer document.
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