Survivorship Applications: What to do when a proprietor is deceased


What is a Survivorship Application?

The usual mode of ownership of property for a married couple or de-facto partnership is Joint Proprietors. Whether it is your Principle Place of Residence (PPR) or investment property, you will note that you are registered on your Certificate of Title as Joint Proprietors.

In a situation where one or more properties are owned by two or more people as Joint Proprietors, and one of those proprietors passes away, the deceased’s share will automatically revert to the surviving proprietor(s) on the Certificate of Title by way of survivorship, and not to the beneficiaries listed in the deceased’s Will.

 

Requirements to complete the Application

It is necessary to lodge an Application to the Land Titles Office to notify them of a deceased Joint Proprietor in order for the Certificate of Title to be amended.

Kennedy Guy can assist with the process upon production of the following instruments:

  1. Original Death Certificate;
  2. Original Certificate of Title; and
  3. Identity documentation belong to the surviving proprietor/s.

In the circumstance where there is a mortgage registered over the property, it will be necessary to obtain the mortgagees consent for the required amendments to be made to the Certificate of Title.

 

How long will it take to complete?

The turnaround time to process such Application is:

  • 10 business days without a mortgage
  • 21 days with a mortgage

 

Is there a time frame to submit the Application?

Whilst there is no current time frame to submit a Survivorship Application, it is best to apply as soon as the death certificate of the deceased proprietor is received. This will in turn save problems for the surviving proprietor and their estate.

 

If you are in need of assistance regarding a Survivorship Application or a loved one’s estate, please contact Kennedy Guy on (03) 9311 8511.

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