What happens to property owned by someone once they pass away? Understanding Transmission Applications in Victoria.
When a real property owner passes away, any property owned by the deceased must be dealt with in accordance with their Will, if they left one. If the deceased did not leave a Will, this means that they died intestate, and the property must be dealt with in accordance with the laws of intestacy under the Administration and Probate Act 1958 (VIC). Learn more about this here.
Before an Executor or Administrator can deal with any assets of the deceased, they must obtain either a Grant of Probate or Grant of Representation from the Supreme Court of Victoria. These Grants officially authorise the Executor or Administrator to deal with the deceased’s assets. Find out more about a Grant of Probate and Letters of Administration here.
Once the Executor or Administrator has obtained a Grant, they are now in a position to deal with any property the deceased owned. However, a property cannot be transacted that is in the name of a person who has passed away. Therefore, before a property can be sold or transferred to beneficiaries, the property must be transferred into the name of the Executor/s or Administrator/s authorised to administer the deceased Estate. This is known as a Transmission Application.
In other words, a Transmission Application is an application to Land Use Victoria to register the Executor/s or Administrator/s of the Estate on title as the legal representative of the deceased. This means that the property will be transferred to the Executor/s or Administrator/s in their capacity as Executor/s or Administrator/s.
A Transmission Application is treated much the same as a normal property transfer however does not give the Executor/s or Administrator/s the right to deal with the property as they please. The property must still be dealt with in accordance with the deceased’s Will or in accordance with the law. Executor/s or Administrator/s have strict legal duties to act in accordance with the law. If they do not, they can be held personally liable for any losses the estate incurs.
The easiest way to undertake a Transmission Application is to have a qualified and experienced Estate and Property Lawyer on your side. Wollerman Shacklock Lawyers have extensive experience in all facets of deceased estate administration and can assist with your Transmission Application with ease and efficiency.
If you need assistance with any aspect of a deceased estate matter, contact our friendly staff today.