When a partner or loved one passes away, there are many things to deal with. Property ownership is often overlooked, but it is one of the most important issues to resolve.
Property ownership determines what happens to a home after death. The outcome depends on how the property is held and whether a valid Will exists.
What are the different types of property ownership?
Before you deal with a deceased estate, you need to understand the main types of property ownership. In Victoria, there are three common structures (source: Land Use Victoria):
- Sole ownership – One person owns the property and appears on the title alone.
- Tenants in common – Two or more people own shares in the property. Each share passes through the Will when an owner dies.
- Joint tenants – Two or more people own the property together. The surviving owner automatically receives full ownership.
Some properties use mixed ownership structures. One share may be held jointly, while another is held as tenants in common.
When ownership is sole ownership or tenants in common
Tenants in common and sole ownership follow the same process after death. The deceased’s share does not transfer automatically. It forms part of their estate.
With a Will
A valid Will guides how the property is distributed. The Will appoints an executor to manage the estate.
The executor must apply for probate before transferring the property. Probate confirms their legal authority.
The Supreme Court usually takes three to six weeks to process probate. Irvine Lawyers can assist with this application.
Without a Will
If no Will exists, a family member must apply for letters of administration. This process is similar to probate but more complex.
The court follows a strict order of priority. The spouse applies first, followed by children, then parents, and siblings.
The administrator manages the estate and arranges the transfer of property.
Transfer of property requirements
To transfer property, you generally need:
- Probate or letters of administration
- Certificate of title
- Title search (recommended)
- Verification of identity
- Transfer of land forms
You must also pay any required government fees.
When ownership is joint tenants
Joint tenancy works differently. The right of survivorship applies.
When one owner dies, their share automatically passes to the surviving owner.
Even so, you still need to complete legal steps to update the title.
Documents required
- Death certificate
- Certificate of title
- Verification of identity
- Title search (recommended)
- Notice of death form
Next steps
Each state has different forms and requirements, but the process is similar across Australia.
We can help you manage probate, letters of administration, and property transfers after death.
Contact Irvine Lawyers today for advice on wills, probate, and deceased estates.