Real Property in Deceased Estates: Survivorship, Transmission and Sale

Why Real Property Is Different From Other Estate Assets

Bank accounts, shares, vehicles and personal effects can be collected, valued and distributed through documented internal processes operated by the relevant institution. Real property cannot. Land in Australia is recorded on a state-run Torrens register, and the only way to deal with it is to change the register. That change requires specific forms, specific supporting documents and specific evidentiary thresholds — all set by state legislation and administered, in Victoria, by Land Use Victoria.

Real property is also the most legally complex asset class an executor will encounter. The ownership structure (sole, joint tenants, tenants in common, trustee), the encumbrances (mortgages, caveats, easements, restrictive covenants), the occupational status (vacant, owner- occupied, rented), the insurance position, the tax position (main residence, post-CGT, pre-CGT, rental) and the procedural position (probate granted or not) all interact. A decision made in week three of the administration on one of these dimensions can foreclose options on another in year two.

Finally, real property carries the highest ongoing cost of any estate asset. Rates, water, insurance, owners corporation levies, mortgage interest, lawn and maintenance, repairs, security — these accrue from the day after death whether the executor acts or not. Drift in dealing with the property is not a neutral position; it is an active erosion of the residue.

Identifying Property Ownership After Death

The first executor task in relation to any real property is to determine, with certainty, how the title is held. Family understanding is unreliable. Settlement papers from the original purchase are unreliable (later refinances, transfers and survivorship events may have changed the position). The Will is unreliable in this respect — a deceased can purport to leave property in their Will that is not legally theirs to give. Only the current title — a Register Search Statement obtained from Landata for each property — is the source of truth.

For each property identified in the deceased's papers, obtain a current title search. The search will show: the registered proprietor (or proprietors); the manner of holding (sole, joint tenants or tenants in common); the proportionate shares (where unequal); the registered mortgages; the registered caveats; and any easements or restrictive covenants on the title. Until this information is in hand, do not write to the bank, do not authorise the agent to list, do not promise the beneficiaries anything and do not change the locks beyond the minimum needed to secure the property.

Properties outside Victoria require separate searches in the relevant jurisdiction. The executor should ask the family, the deceased's accountant and any financial adviser whether the deceased held interstate or overseas real property — and should also check the deceased's most recent personal tax returns for rental income schedules that might indicate property holdings the family did not know about.

Joint Tenants Versus Tenants in Common

Co-ownership of land in Australia takes one of two forms. Joint tenants own the whole property together, with no divisible share; when one joint tenant dies their interest is extinguished and the surviving joint tenant owns the whole. This is the right of survivorship. Tenants in common, by contrast, each hold a defined share (commonly equal, but it can be 60/40, 99/1, or any other ratio) which survives them and passes under their Will.

The distinction is invisible on the front lawn — two people own the family home, the question is how. The answer is determined by what is registered on title. Where the title silently records co-owners without qualification, the default in Victoria is joint tenancy. Where the title says 'as tenants in common in equal shares' or specifies shares, it is a tenancy in common.

The difference is decisive. A surviving joint tenant takes the deceased's interest without probate and without reference to the Will. A surviving tenant in common keeps only their own share; the deceased's share forms part of the estate, passes under the Will or intestacy rules, and requires probate or letters of administration before it can be dealt with. Families often discover this distinction in the worst possible way: when the surviving spouse remarries and then dies, and the joint tenancy delivers the original family home to the new spouse's family rather than to the children.

The Right of Survivorship Explained

The right of survivorship is a feature of joint tenancy, not a separate legal mechanism. Where two or more people hold land as joint tenants, the interest of the first to die does not pass through their estate; it is extinguished, and the survivor (or survivors) own the whole. The Will of the deceased joint tenant is ineffective in respect of that property. The estate cannot deal with the property. No probate is required to update the register; a Survivorship Application evidenced by the death certificate is sufficient.

Joint tenancy can be severed during life — either unilaterally by the deceased before death (by registered transfer or by other recognised methods) or by agreement with the co-owner. Severance converts the holding to a tenancy in common. A deceased who wished to leave their share to a beneficiary other than the co-owner needed to sever the joint tenancy during their lifetime; once death has occurred, severance is no longer possible and the surviving joint tenant takes the whole.

Family-provision and constructive-trust claims can in limited circumstances impose obligations on the surviving joint tenant in respect of property received by survivorship — but these are exceptional remedies and depend on the facts. As a general rule, executors should treat joint-tenancy property as outside the estate, and beneficiaries hoping to claim against it should obtain specialist advice promptly.

What Happens When a Joint Tenant Dies

On the death of a joint tenant in Victoria, the surviving joint tenant becomes sole legal owner by operation of law at the moment of death. The register, however, does not update automatically. The survivor must lodge a Survivorship Application with Land Use Victoria, usually within a reasonable time of death, supported by a certified copy of the death certificate. The registration updates the title to show the survivor as sole proprietor and any subsequent dealing (sale, mortgage, gift) can then proceed.

Where the deceased was an executor of someone else's estate or a trustee of a trust at the time of death, and held land in that capacity jointly with others, the survivorship principles apply differently — the surviving trustees take the property to hold on the existing trusts. The deceased's personal estate has no interest. The successor-trustee mechanics in the trust deed or the relevant legislation determine what happens next.

The Survivorship Application is administratively straightforward and can usually be lodged by a conveyancer or solicitor for a modest fixed fee. The registration is usually completed within days. Once registered, the surviving joint tenant has complete control of the property — they can sell it, mortgage it, transfer it, or leave it to anyone they choose in their own Will.

Does Probate Need to Be Obtained Where Property Is Jointly Owned?

Where the only significant asset is jointly owned real property and the deceased's other assets are below the small-estate thresholds of the relevant banks, probate is often not required at all. The Survivorship Application deals with the property; the bank's small- estate process deals with the accounts; super and life insurance are dealt with directly with the trustees. Many modest estates of surviving spouses are administered without ever applying for probate.

Probate becomes necessary where the deceased held land solely (or as a tenant in common); where bank balances, shares or other assets exceed the various institutions' indemnity thresholds; or where the executor wishes to obtain the statutory protections that follow on from a grant. Even where probate is not strictly required, many executors apply for it as a matter of good practice — a grant provides certainty to future purchasers and to beneficiaries, and removes doubt where assets are later discovered. The position is discussed in detail in our companion guide Probate in Victoria: A Step-by-Step Guide.

Land Held Solely by the Deceased

Where the deceased was the sole registered proprietor, the property forms part of the estate from the moment of death. Legal title vests in the executor on grant of probate (or in the administrator on grant of letters of administration); equitable interests in residue beneficiaries crystallise only on administrative ascertainment of residue. Until then the executor holds and manages the property for the estate as a whole.

The procedural sequence is: secure and insure; obtain probate; lodge a transmission application to record the executor on title; deal with the property (sell or transfer to beneficiary); lodge the transfer or settlement; account to the beneficiaries for the proceeds. The transmission step is the bridge between the grant and any disposition. It cannot be skipped — a transfer signed by the executor while title still records the deceased will be rejected at the registry.

Transmission Applications Explained

A transmission application is a Land Use Victoria registration recording the executor (or administrator) as the registered proprietor of land formerly owned by the deceased. It is supported by a certified copy of the grant of probate or letters of administration, the deceased's death certificate (where not already evidenced through the grant) and the standard transmission form. It is lodged electronically via PEXA in most cases, or by paper for matters that cannot be processed electronically.

Transmission does not transfer beneficial ownership of the property to the executor in any personal sense — the executor holds the legal title as legal personal representative of the estate, on the trusts arising under the Will or the rules of intestacy. The transmission is purely administrative. Once registered, the executor's signature has legal authority to deal with the property on the register.

Transmission can be lodged simultaneously with a subsequent transfer — for example, where the executor is selling to a third party and the executor's name is added to title and immediately removed by the transfer to the purchaser at settlement. This is common practice and avoids two separate trips to the registry. The transfer to the purchaser is supported by the contract of sale and the standard conveyancing documentation.

Transfer of Land to Executors

The transmission process described above effects the transfer of legal title from the deceased to the executor for administration. Once registered, the executor can grant leases, defend caveats, attend to insurance, deal with co-owners, respond to council requisitions and otherwise manage the property in the same way the deceased could have done in life. The executor signs in the capacity of legal personal representative — for example, 'Jane Smith as legal personal representative of the estate of John Smith deceased'.

Where there are multiple executors, all must join in any dealing with the property unless the Will gives a single executor sole authority. Where the executors cannot agree, the disagreement is itself a problem — see our companion guide Co-Executors Cannot Agree: What Happens in Victoria?.

Transfer of Land to Beneficiaries

Where the property is left as a specific gift in the Will (for example, 'I give my home at 23 Maroondah Highway to my daughter Sarah'), the executor must transfer the property to the named beneficiary, subject to any mortgage and subject to the executor's right to retain the property if necessary to meet estate liabilities. The transfer is by a standard registry transfer document, supported by the executor's certified authority and the standard Duties Act documentation. In Victoria, a transfer in conformity with the Will is generally exempt from stamp duty under section 42 of the Duties Act 2000 (Vic).

Where the property forms part of residue and a beneficiary wishes to take it in specie rather than in cash, the executor and the beneficiary (and any co-beneficiaries) document the transfer through a deed of family arrangement or other written agreement. The value attributed to the property is critical — it must be defensible and supportable by a current valuation. Where the agreed value departs significantly from market value, the stamp-duty exemption may be lost and the executor may be exposed to claims from other beneficiaries that they have not received their proper share.

See our companion guide on Beneficiary Rights During Estate Administration in Victoria for the broader framework governing what beneficiaries can and cannot expect during the administration.

Selling Property During Estate Administration

Sale of estate property follows the normal Victorian conveyancing process — engagement of a real estate agent, marketing campaign, contract of sale prepared by the executor's conveyancer or solicitor, vendor statement (section 32) prepared with the estate-specific modifications, exchange of contracts, settlement. The executor signs the contract and the transfer in the capacity of legal personal representative. The proceeds are received by the estate and held in the estate bank account pending distribution.

Two estate-specific issues deserve early attention. First, the section 32 vendor statement should disclose the executor's status and (where the executor's title has not yet been registered) the proposed transmission. Buyer's solicitors will sometimes require evidence of probate before signing — the executor should be ready to produce a certified copy. Second, the executor must consider whether the sale falls within the two-year main residence exemption window, and whether to time the sale to preserve the exemption. The CGT position is examined in detail in our companion guide on Capital Gains Tax in Deceased Estates: Common Executor Mistakes.

Executor Powers to Sell Property

Most modern Wills include an express power of sale — authority for the executor to sell any property of the estate at such times, in such manner and on such terms as the executor sees fit. Where the Will is silent, the Trustee Act 1958 (Vic) and the executor's general powers of administration provide implied authority. The executor does not need the consent of the beneficiaries. The beneficiaries' role is not to control the sale decision but to receive the proceeds in their share.

The executor must, however, exercise the power of sale properly: act in the best interests of the estate as a whole; obtain a proper market price (usually by competitive marketing through a licensed real estate agent); avoid conflicts of interest (an executor cannot buy estate property without specific authority); treat beneficiaries even-handedly; and document the decision- making sufficiently to be able to defend it later if challenged. The detailed position is in our companion guide on Can an Executor Sell Estate Property Without Beneficiary Consent in Victoria?

Beneficiary Objections to Sale

Beneficiaries may object to sale for many reasons — they want to keep the property in the family, they believe the timing is wrong, they want to buy it themselves, they think the agent or the reserve is wrong, or they simply do not want change. An objection does not stop the executor from selling. It does, however, oblige the executor to consider the objection on its merits and to respond constructively where reasonable accommodations are possible.

Where a beneficiary wishes to buy the property, the transaction must be at market value (supported by an independent valuation), documented in writing and disclosed to all other beneficiaries. Where multiple beneficiaries wish to take the property between them, the executor will usually require a written commitment — typically through a deed of family arrangement — setting out the valuation, the distribution of the property in shares (or to one beneficiary with compensation to the others) and the allocation of stamp duty and conveyancing costs.

Persistent objection accompanied by allegations of executor misconduct can escalate to applications to remove the executor or for the court to give directions. Our companion guide Can a Beneficiary Challenge an Executor's Decisions in Victoria? sets out the framework.

Occupation of Estate Property by Beneficiaries

It is common for an adult child to be living in the deceased parent's home at the date of death, or for a beneficiary to move in shortly after death. The executor must decide whether to permit the occupation, on what terms, and for how long. The decision affects the economic interests of every other beneficiary, because free occupation reduces the residue.

The orthodox approach is a written occupancy agreement. At a minimum, the occupant pays the outgoings — rates, water, insurance, owners corporation levies, utilities. Where the property would otherwise have been rented, the executor should consider charging a market rent contribution. The agreement should specify the end date (whether by reference to a calendar date or by reference to the conclusion of administration), the notice required to terminate, the standard of repair and the consequences of breach.

Where an occupant refuses to leave when the executor requires possession (to sell or to transfer to another beneficiary), the executor may apply to the Supreme Court for orders. The court will balance the rights of the estate as a whole against the position of the occupant. The application is rarely necessary because the prospect of it usually delivers a negotiated outcome.

Estate Expenses and Property Outgoings

Real property generates ongoing expenses irrespective of occupation: council rates, water service charges, owners corporation levies, building insurance, contents insurance (where contents form part of the estate), mortgage interest, lawn and garden maintenance, utility standing charges (electricity, gas), pool maintenance, pest control, security monitoring and minor repairs. Each of these is a proper estate expense paid from the estate bank account and recovered ultimately from the estate as a whole — usually from the residue rather than from a specific gift.

The executor must establish a stable funding mechanism for these expenses in the first weeks of administration. Where the estate has liquid funds, the executor opens the estate bank account and pays the outgoings from there. Where the estate is illiquid (a property-rich, cash-poor estate) the executor may need to negotiate short-term forbearance with the rate authority and the insurer, or arrange a short-term loan, until property sale proceeds are available. Allowing the property to lapse into rate arrears or insurance default is an executor failure.

Rates, Insurance and Maintenance Obligations

Insurance is the most urgent post-death task. Most domestic building insurance policies require the property to be occupied; where occupation ceases, the insurer must be notified and the policy may be endorsed (often at higher premium) to cover an unoccupied property. Failure to notify can void the policy. The executor should contact the insurer in the first week of administration, confirm the policy is in force, have the policy endorsed in the name of the legal personal representative and document the position in writing.

Council rates continue to be levied against the registered proprietor. Most councils will accept an executor's written advice and direct future notices to the estate; some will require evidence of probate. Water charges follow the same pattern. Owners corporation levies continue to fall due and the executor must engage with the manager to ensure notices are received and paid. Mortgage repayments must continue (see Mortgaged Properties below) — failure may lead to default and the lender's power of sale.

Maintenance to a reasonable standard is the executor's responsibility. The property must be presentable for sale, safe to enter, free of vermin, and weatherproof. Significant capital expenditure (a new roof, a substantial renovation) generally requires the consent of the beneficiaries or court approval, but reasonable maintenance is within the executor's authority.

Rental Properties in Deceased Estates

Where the deceased owned a rental property, the executor steps into the landlord role from the date of death. The tenancy continues; the Residential Tenancies Act 1997 (Vic) (or the equivalent in other jurisdictions) applies in the ordinary way. The managing agent (where one is engaged) should be notified in writing of the change in ownership; rent should be redirected to the estate bank account; the bond should be updated through the RTBA; and the property should be inspected to confirm condition.

Rent received after the date of death is estate income and is reported in the estate's trust tax return. Rent received before the date of death is income of the deceased and is reported in the date-of-death return. The split is examined in our companion guide Who Pays Tax on Estate Income in Australia?.

Where the rental property is to be sold by the estate (rather than transferred to a beneficiary), the executor must comply with the notice requirements applying to a tenanted sale, manage tenant access for inspections, and consider the impact of vacant possession on price. Sale with the tenancy in place is often preferable where the tenant is reliable; sale with vacant possession requires careful timing and tenant management.

Main Residence Issues

The deceased's principal place of residence enjoys special status under both the income tax law (the main residence exemption from CGT) and, in practice, the attention of the family. The exemption rules are unforgiving in their detail. Where the property was the deceased's main residence and was not being used to produce income at the date of death, the executor (or a beneficiary) may dispose of it within two years of the date of death and disregard any capital gain.

Where the property was being rented at the date of death, the exemption is not lost entirely — but the cost base resets to the market value at the date of death rather than to the deceased's historical cost base, and any growth from death to sale is potentially taxable. The Commissioner's published safe-harbour discretion can extend the two-year window where delay arises from probate complications, litigation or genuine market difficulty in selling. The detail is in our companion CGT guide.

Practical executor tactics include: confirming the main residence status by reference to the deceased's electoral roll, utilities and ATO declarations; deciding early whether the property will be sold within the window or transferred to a beneficiary; documenting the decision and the supporting evidence; and engaging an accountant before — not after — the sale settles.

Capital Gains Tax Considerations

Death is not a CGT event. The Division 128 rollover in the Income Tax Assessment Act 1997 provides that the deceased's CGT assets pass to the executor (and ultimately to the beneficiary) without triggering CGT at the moment of death. The CGT outcome is deferred until a later disposal by the executor or the beneficiary. The cost base depends on the asset's history:

• Post-CGT assets (acquired by the deceased on or after 20 September 1985) other than the main residence — cost base carries through from the deceased.
• Pre-CGT assets (acquired before 20 September 1985) — cost base resets to market value at the date of death.
• The deceased's main residence (whether pre-CGT or post-CGT, and not used to produce income at the date of death) — cost base resets to market value at the date of death; two-year exemption window applies.
• The deceased's main residence used to produce income at the date of death (e.g. rented at death) — cost base resets to market value; full exemption unavailable; pro-rata calculation applies.

The CGT discount (50 per cent for assets held for more than twelve months including the deceased's ownership period) is generally available to the estate where the relevant conditions are met. The detail is in our companion guides on Capital Gains Tax in Deceased Estates and Estate Tax in Australia.

Property Held in Trust

Where the deceased held real property in their personal capacity but on trust for a third party (for example, as trustee of a family discretionary trust), the property is not part of the deceased's personal estate. The beneficial ownership belongs to the trust beneficiaries and is unaffected by death. The legal title, however, must be transferred from the deceased trustee to a successor trustee. The mechanics depend on the trust deed and the manner in which trustees are appointed.

The executor's role in this scenario is limited to facilitating the appointment of a successor trustee and executing the transfer of legal title. The trust assets do not pass under the Will. Where the deceased was the sole trustee and the deed contains no successor- appointment mechanism, court application may be required. The position is examined in our companion guide What Happens to a Family Trust When the Appointor Dies?

Property Held by a Deceased Trustee

Where the deceased was one of multiple trustees holding land jointly, the surviving trustee or trustees take the property by survivorship (because trustees almost always hold as joint tenants), to hold on the trusts of the trust. A Survivorship Application updates the register. No probate is required for this purpose. The successor-trustee documentation in the trust deed may require additional steps to appoint a replacement trustee or to acknowledge the survivors as continuing trustees.

Where the deceased was the sole surviving trustee, the position is more complex. The legal title is in the deceased's name; the trust property is not the personal estate; but the executor must facilitate the transfer of legal title to a successor trustee. Specialist trust advice is required.

Mortgaged Properties

Most domestic property is mortgaged. Death does not discharge the mortgage. The lender's security continues; the periodic repayments continue; the interest continues to accrue. The executor must contact the lender promptly to notify the death, confirm the mortgage balance, arrange for the repayment direct debit to continue (or to be re-established on a new account), and obtain a written summary of arrears and forbearance options if the estate cannot meet repayments immediately.

Many lenders will offer short-term forbearance — for example, interest-only repayments for six months while probate is obtained and the property is prepared for sale. Some will accept payment of arrears from the eventual sale proceeds. The lender's cooperation depends on the estate's overall position and the adequacy of the security; engagement should be in writing and well documented.

On sale, the mortgage is discharged at settlement from the sale proceeds in the ordinary way. On transfer to a beneficiary, the beneficiary cannot simply take over the mortgage — the existing mortgage must be discharged and the beneficiary, if they wish to retain the property subject to a mortgage, must arrange their own finance. The executor cannot transfer the loan to the beneficiary without lender consent, which is usually given only on full underwriting.

Caveats and Title Issues

A caveat lodged against the title prevents further dealings until it is removed. Caveats over deceased estate property commonly arise from: equitable claims by a partner (typically a long-term de facto where the title was never updated); claims by adult children asserting promises by the deceased ('proprietary estoppel'); creditors with charging orders; and litigants protecting the property pending family- provision proceedings. Each caveat must be assessed on its merits.

The executor's options for dealing with a caveat include negotiation (offer of payment or other recognition in exchange for withdrawal), a lapsing notice (a Land Use Victoria process requiring the caveator to commence proceedings within 30 days), or direct application to the Supreme Court to remove the caveat under the Transfer of Land Act 1958 (Vic). The choice depends on the substance of the claim. See our companion guide Caveat Removal in Victoria.

Missing Title Documents

Victoria abolished paper certificates of title from 1 August 2024 and operates on a fully electronic register. For most modern dealings the absence of a paper certificate is irrelevant. Where an older transaction referenced a paper certificate now missing (for example, in a complex chain of historical dealings), the executor lodges a statutory declaration explaining the loss and the registry will usually proceed on that basis. The position is materially easier than under the old paper regime.

Where the property is in another jurisdiction with a different system, the executor must take advice from a conveyancer or solicitor in that jurisdiction. Some jurisdictions still require physical title documents and the loss process is more involved.

Property Disputes Between Beneficiaries

The family home is the most common locus of estate disputes. Disputes arise from differences of view about sale versus retention; about valuation; about timing; about which beneficiary should occupy the property pending sale; about contributions to upkeep; about sentimental items inside the home; and about distributions to one beneficiary that displace the value of the home from another's share. Most are resolved by structured discussion; the difficult ones require mediation; a small proportion proceed to court.

The executor's role is fiduciary, not adjudicative. The executor must act in the interests of the estate as a whole, treat the beneficiaries even-handedly, and document decisions. Where the dispute is intractable, the executor's options include applications for directions, applications for the court to approve a scheme of distribution, or — as a last resort — sale and equal division of the proceeds. Where the dispute is in fact a challenge to the executor's conduct, the position is examined in our guide Fiduciary Duties of an Executor in Victoria.

Delays in Property Administration

Property administration is the most common cause of delay in estate administration overall. The executor cannot list the property until probate is granted (in practice — although a contract subject to grant is sometimes possible). The grant can take 4–12 weeks. The marketing campaign takes a further 4–8 weeks. Auction or private sale, then settlement (30, 60 or 90 days), then distribution. A property-driven administration with no complications takes most of a year. Anything non-routine — caveats, beneficiary occupation, family- provision claims, mortgage default, market difficulty — extends the timeline materially.

The executor must manage the delay actively, not passively. Beneficiaries should be updated in writing at defined intervals (commonly every 4–8 weeks) with a statement of the position, the next step and the expected timeline. Where delay extends beyond the executor's year, the risk of removal applications and family-provision pressure increases. Our companion guide Estate Administration Delays and Executor Liability covers the framework.

Practical Executor Property Checklist

A working checklist for the first ninety days of an administration involving real property:

1. Obtain a current Register Search Statement (Landata) for every property. Confirm sole, joint tenant or tenant in common holding.
2. Inspect the property. Secure it. Change locks where keys are unaccounted for.
3. Contact the building insurer. Confirm cover. Endorse the policy in the legal personal representative's name. Notify any change in occupation status.
4. Identify all outgoings (rates, water, owners corporation, utilities, mortgage). Redirect notices to the estate. Establish a payment mechanism.
5. Notify the lender of any mortgage. Confirm balance, repayment status and forbearance options.
6. Identify all tenancies. Notify the agent or tenants of the change of landlord. Redirect rent to the estate bank account.
7. Apply for probate (or letters of administration) where required.
8. Write to the beneficiaries within the first month setting out the position and the proposed approach to the property (retain, transfer, sell, time-frame).
9. On grant, lodge the transmission application.
10. On title, deal with the property — sale or transfer — as the estate plan requires.

Common Mistakes

• Treating joint-tenancy property as estate property. The executor has no authority over it. Confirm the title position first.
• Letting insurance lapse. Domestic policies frequently void on the death of the named insured without notification. This is the single largest personal-liability exposure for a property- owning executor.
• Permitting beneficiary occupation without a written agreement. Free occupation is a benefit to one beneficiary at the expense of all others.
• Missing the two-year main residence window. An expensive CGT mistake that can usually be prevented by early engagement with the accountant.
• Skipping transmission and trying to transfer from the deceased. The registry will reject the dealing.
• Selling without proper marketing or valuation. The executor must achieve a proper price and be able to defend the process; a private sale to a friend at family pricing is a breach of fiduciary duty.
• Ignoring caveats in the hope they will go away. They will not. A lapsing notice or court application is required.
• Distributing before tax is finalised. Property sales trigger CGT events. Distribution without retaining funds to meet the assessment exposes the executor personally. See our companion guide Can an Executor Distribute an Estate Before Tax Is Finalised?
• Allowing the property to deteriorate. Lawns, gutters, gardens, security, basic maintenance — neglect reduces sale price and attracts beneficiary complaint.
• Failing to communicate. Most executor-removal applications are driven less by substantive error than by an executor who stopped answering emails. Property administration must be accompanied by regular, written beneficiary updates.

How Parke Lawyers Can Help

Parke Lawyers acts for executors, administrators, beneficiaries and surviving co-owners on every aspect of real property in deceased estates. We obtain title searches and confirm the ownership position; facilitate Survivorship Applications and transmission applications through Land Use Victoria; obtain probate and letters of administration; act on the conveyance of estate property to purchasers or beneficiaries; negotiate and document deeds of family arrangement; and advise executors on the interaction between property administration and the broader tax, beneficiary-rights and family-provision framework.

Our principal, Jim Parke, is both a lawyer and a Chartered Accountant. Property in deceased estates is one of the areas where the legal and the tax positions cannot be sensibly separated, and we manage both within a single file. For the firm's property services see our Property Law and Conveyancing practice pages; for estate administration see Probate & Estate Administration.

Frequently Asked Questions