02Expert Video Answers

How is property transferred from a deceased estate in Australia, and does it always require probate?

Kevin Finn's profile pictureAnswered byKevin FinnHead of LegalAuthored & legally reviewed27 July 2026Watch · 1:12

It depends entirely on how the property was held. If the deceased owned it as a joint tenant, their interest passes automatically to the surviving owners, though a survivorship application or notice of death may be needed depending on the state. If it was held as tenants in common, or the deceased was the sole owner, the share passes under the terms of their Will and probate is required. After the grant, the title is transferred from the deceased’s name, sometimes straight to the beneficiary. Willed’s fixed-fee probate service manages this.

For related guidance, see what does probate mean in Australia, and what does the process involve?.

Read the video transcript

It depends entirely on how the property is held. If the deceased's interest was held as a joint tenant, that interest will pass to the surviving owners of the property automatically. This may require a survivorship application, notice of death, or other document depending on what state you are located in. If the property is held as tenants in common, the deceased's interest passes under the terms of their Will. Probate will be required in this instance. Lastly, if the deceased was the sole owner of the property or the last sole surviving joint proprietor, then the property will pass under the terms of their Will. After the grant of probate, there will need to be an application made to transfer the title from the deceased's name to the executor's name. Depending on what state you are in, it may be possible to transfer the property directly to the intended beneficiary.

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