When someone dies owning property in Queensland, what happens to that property depends on one thing above all others: how the title was held. Joint tenants, tenants in common, and sole owners all follow a different path, and the paperwork required in each case is different too.
For families in Springfield, Ipswich and across Greater Springfield, this is often one of the first practical questions that arises after a death. Titles Queensland manages Queensland's land register and sets the process for recording a death and transferring or transmitting a property interest. In most cases a solicitor prepares the forms and lodges them electronically.
Our solicitors in Springfield and Ipswich help clients across Greater Springfield with transferring property after a death, including recording survivorship, applying for transmission and preparing transfers to beneficiaries.
Here is how property transfers after a death generally work in Queensland, and what the process involves depending on how the property was held.
Key takeaways
- Joint tenants pass their interest automatically to the surviving owner on death.
- Tenants in common must transfer through the estate, not by survivorship.
- A transmission application registers the personal representative on the title.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
What happens to Queensland property when someone dies?
The answer depends entirely on how the property was held at the time of death, according to Titles Queensland. A joint tenant's interest passes automatically to the surviving owner the moment the other joint tenant dies, without needing to go through the estate at all. A tenant in common, by contrast, holds a distinct share that forms part of the estate and must pass through the administration process, whether there is a will or not.
Where a person was the sole registered owner, or held as a tenant in common, the property does not move anywhere until a personal representative, either an executor named in the will or an administrator appointed by the court, is formally recorded on the title. Titles Queensland calls this a transmission application, and it is the mechanism that puts the estate's representative in a position to then deal with the property.
A property held as joint tenants is never part of the deceased's estate for distribution purposes. The will does not govern it, and intestacy rules do not apply to it. The surviving co-owner receives the full interest automatically under the law of survivorship, according to Queensland's Land Title Act.
How does survivorship work for joint tenants in Queensland?
When a joint tenant dies, the surviving joint tenant records the death with Titles Queensland by lodging a Form 4 Request to Record Death, according to Titles Queensland's Land Title Practice Manual. This is not a transfer in the usual sense; it is a recording of an event that has already occurred at law. The surviving owner does not need probate or letters of administration to do it.
The Form 4 must be supported by a certified copy of the official death certificate issued by the registry. Where the deceased's name on the title and on the death certificate differ in more than minor spelling, a statutory declaration confirming the person is one and the same is generally required, according to Titles Queensland.
The process can be lodged electronically. Titles Queensland says most correctly prepared dealings register within three to five working days.
One important limit applies: where a surviving joint tenant caused the death, survivorship still operates at law, but the survivor holds the enlarged interest on constructive trust and a court order is required to resolve the position, according to Titles Queensland's Land Title Practice Manual.
What are the rules for tenants in common and sole owners?
For a tenant in common or a sole owner, the property must pass through the estate. The steps differ depending on whether the personal representative has a grant of probate or letters of administration, or whether the estate may qualify to proceed without one.
- › With a grant: the personal representative lodges a transmission application (Form 5) with probate, a reseal or letters of administration attached, according to Titles Queensland.
- › Without a grant, with a will: a Form 5A transmission application may be used where the applicant is, or is entitled to be, the personal representative, and the Registrar considers the will's validity and the deceased's testamentary capacity, according to Titles Queensland.
- › Without a grant, no will: available only after six months from the death, where no letters of administration have been granted in Queensland in that time, and the gross value of the deceased's Queensland estate does not exceed $300,000, according to Titles Queensland.
- › Straight to a beneficiary: a Form 6 transmission application for devisee or legatee allows the property to go directly to a named beneficiary, with the personal representative's written consent, but this cannot happen within 30 days of the death unless the will shows a contrary intention, according to Titles Queensland.
Once the personal representative is recorded on the title, the property is held in their name as personal representative. They then deal with it according to the estate's administration, whether that means transferring to a beneficiary or selling it.
How does a solicitor help with transferring property after a death in Queensland?
Titles Queensland notes that succession law can be complex and often requires specialist legal advice, and recommends engaging a solicitor or the Public Trustee for assistance. Our conveyancing team can assist with every stage of the process.
Step 1: Talk to us
Get in touch and we'll explain how the process generally works and what the next steps look like for the type of title involved.
Step 2: Identify how the property was held
We obtain a current title search from Titles Queensland to confirm whether the deceased held as a joint tenant, a tenant in common or a sole owner, and to identify any mortgages, caveats or other registered interests that need to be dealt with.
Step 3: Prepare the transmission or survivorship application
We prepare the appropriate form, whether a Form 4 for survivorship or a Form 5, 5A or 6 transmission application, together with the supporting documents required by Titles Queensland, including the certified death certificate, any grant and the necessary duty documentation.
Step 4: Lodge and register
We lodge the dealing electronically through an approved Electronic Lodgment Network operator, PEXA or Sympli, according to Titles Queensland's eConveyancing requirements. Most correctly prepared dealings register within three to five working days, according to Titles Queensland.
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Does transfer duty apply when property transfers after a death in Queensland?
Transfer duty generally does not apply to distributions under a will or intestacy, according to the Queensland Revenue Office. Under the death of a property owner exemption, a Form 5 transmission application is not dutiable and requires no stamp. Similarly, where a joint tenancy is recorded under survivorship, the transfer is exempt from duty, according to the Queensland Revenue Office.
However, if a beneficiary sells their entitlement to someone who is not a beneficiary of the estate, that transaction is dutiable at the full rate, according to the Queensland Revenue Office. Receiving land through a deceased estate may also affect a beneficiary's land tax position, so a solicitor's advice is worth obtaining before any title change is finalised.
When does this process not apply to you?
Not every death involving property requires a transmission application or a survivorship recording through Titles Queensland. There are situations where the usual process either does not arise or is handled differently:
- › Joint tenants only: if the deceased held all of their property as a joint tenant with one or more surviving co-owners, no transmission application is needed and no estate administration of that property arises. The survivorship recording is the only step.
- › No Queensland property: if the deceased owned no freehold land in Queensland, Titles Queensland is not involved. Bank accounts, superannuation, vehicles and personal belongings follow different processes entirely.
- › Property already under contract: where the deceased had already signed a contract to sell, the personal representative is first recorded on the title, and the existing contract then proceeds to settlement. The title process is the same but its context is a conveyance, not purely an estate matter.
- › Superannuation: superannuation paid directly by a fund to a nominated beneficiary does not form part of the estate and is not a property matter for Titles Queensland. Moneysmart notes that a will does not automatically cover superannuation.
Frequently Asked Questions
What is the difference between joint tenants and tenants in common in Queensland?
Joint tenants own the whole property together and survivorship applies automatically on death, according to Queensland's Land Title Act. Tenants in common each own a distinct share that passes under their will or the intestacy rules, not by survivorship.
Do you need probate to transfer property after a death in Queensland?
Not always, according to Titles Queensland. A joint tenant's death is recorded without a grant. For a tenant in common or sole owner, a grant is usually required, though a no-grant process may be available in limited circumstances, including where the estate's Queensland property does not exceed $300,000.
How long does it take to transfer property after a death in Queensland?
Once the documents are correctly prepared and lodged, most dealings register within three to five working days, according to Titles Queensland. The time to prepare those documents depends on whether a grant of probate or letters of administration is required first, which is a separate Supreme Court process.
Is transfer duty payable when property is transferred after a death in Queensland?
Generally no, according to the Queensland Revenue Office. Transmissions under a will or intestacy and survivorship recordings are exempt from transfer duty. A beneficiary who later sells their entitlement to someone outside the estate may attract duty on that sale.
Can a Queensland property be transferred directly to a beneficiary without going through the executor?
A direct transmission to a named beneficiary is possible under a Form 6 application, but it requires the personal representative's written consent and the distribution must be in order, according to Titles Queensland. It generally cannot happen within 30 days of the death.
Do you need a solicitor to transfer property after a death in Springfield or Ipswich QLD?
Titles Queensland recommends engaging a solicitor, noting that succession law can be complex and often requires specialist legal advice. A solicitor prepares the correct application form, gathers the supporting documents and lodges the dealing electronically, which reduces the risk of a requisition or delay.
What happens to the mortgage on a Queensland property when the owner dies?
A mortgage stays registered on the title until it is repaid and a release is lodged with Titles Queensland. The debt becomes part of the estate, and unless the will shows a contrary intention, mortgaged property is primarily liable for the mortgage debt under Queensland's Succession Act.
Your Next Steps
How a Queensland property passes after a death is shaped by the way it was held on the title. Getting that question right at the outset, whether the answer is a survivorship recording, a transmission application or a direct transfer to a beneficiary, avoids delays and protects the interests of everyone with a stake in the estate. For families in Ipswich, Springfield and the surrounding areas, acting promptly and with the right advice makes the administration process straightforward.
If transferring property after a death is on your mind, the next step is a straightforward one. Get in touch with the Brookwater Legal team or call (07) 3437 8555, and we'll talk you through how the process generally works.
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External Resources
- Titles Queensland – Recording the death of a joint tenant
- Titles Queensland – Land Title Practice Manual Parts 5, 5A and 6: Transmission applications
- Titles Queensland – Land Title Practice Manual Part 1: Transfer
- Queensland Revenue Office – Death of a property owner exemption
- Queensland Public Trustee – How to administer a deceased estate
- Queensland Legislation – Land Title Act 1994
Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
