Real Estate Transactions In Deceased Estates
We offer a comprehensive service for individuals who need assistance in administering real estate transactions in deceased estates.
Deed of Family Arrangement
Recording the death of a joint tenant on a title
Real Estate Transactions In Deceased Estate
Conveyancing is the process of transferring ownership of property from one person or entity to another and needs to be undertaken whenever someone buys or sells their home or investment property.
The process requires expertise from a professional, qualified conveyancing solicitor. Queensland Probate has a dedicated conveyancing law team to assist you with any conveyancing needs.
Deeds Of Family Arrangement
A deed of family arrangement is a document that legally changes the way a deceased person’s assets are divided between the beneficiaries. The document can either change the terms of a will or change the distribution under the rules of intestacy (e.g. how an individual’s assets are divided if they die without a will).
A deed of family arrangement is used where:
- All parties are agreed that they would like to alter the terms of the will; or
- There is a disagreement over the will, and the disputing parties can reach a compromise without going to court.
A deed of family arrangement can also provide the personal representative of the estate (which means either the executor or administrator) with protection from any future claims. Queensland Probate is here to assist you with your Deed of family arrangement.
Notice of Death —
To Record Death Of A Joint Tenant
Under a joint tenancy, if one joint tenant passes away, the interest in the property held by the deceased immediately passes to the surviving joint tenant/s on the basis of survivorship (not on the basis of the provisions in the will of the deceased).
To change the title after the death of a joint tenant, the surviving joint tenant/s must record the death. Speak to an expert at Queensland Probate to guide you through the process each step of the way.
Transmission Applications —
To Transfer The Deceased’s
Interests On A Title To
A key element of processing a deceased estate is a transmission application.
This application permits the tenant in control of a property to transfer the deceased’s share of the property to the relevant beneficiary or beneficiaries. In other words, to transfer the deceased’s interests on a title to the administrator/executor or beneficiary.
If you’re wanting to register a property in the name of the surviving tenant, the team at Queensland Probate is here to assist.