Scott Legal understands losing a loved one is a difficult time. We can assist you with dealing with any assets (including property) left behind after your loved one has passed.
Transfer property to surviving proprietor
An Application by Surviving Proprietor (ASP) is required when one of the owners of a jointly owned property dies. The surviving owner becomes entitled to be registered as the sole proprietor on the Certificate of Title. The ASP does not need to be done straight away but if you intend to sell the property this must be done prior to the sale. Even if you do not wish to sell the property it is recommended so that should anything happen to you in the future, this will reduce complications. Also, any invoices from council, rating authorities or body corporate (if applicable) will be only addressed to you instead of you and your loved one.
Transfer if you are an executor with probate or have been granted Letters of Administration
If the deceased was the sole owner of the property or the deceased’s share of the property was held as tenants in common, an Application by a Responsible Person (APR) will be required. If you are the executor appointed by the deceased’s will and Probate has been granted to you or you have been granted Letters of Administration (where there is no will), the APR must be completed prior to selling or transferring the property.
Scott Legal can assist you in with this process and if you have not applied for grant of Probate or Letters of Administration, we can assist you with this as well.
Transfer of property
You may require transfer of property for various reasons, such as breakdown of a relationship, adding a new partner, bank refinancing, asset protection, survivorship application and application by Legal Personal Representative or to alter the names on the title. Scott Legal can assist you with this process.