Land Documents - Deceased Estates

This file last saved 11 August, 2019 10:50

general

  1. Administrative processes and Titles Registry forms applicable for registering dealings after the death of a property owner and dealing with their estate depends upon:
    1. how the property was held - joint tenants or tenants in common; and
    2. the intention of the executor(s) of the estate.

    caveat

  2. Do not use or witness any Titles Registry forms where correction fluid, or correction tape has been used.
  3. Electronic or downloaded evidence is NOT acceptable where it is necessary for evidence (eg trust deeds, death certificates) to be deposited in support of a transaction. In these circumstances you must sight an original paper copy. If the original has been lost, the client should contact the Titles Office for further advice.

    4. identity

  4. You must stilll be satisfied the person signing the form is, in fact, who they say they are and that they are entitled to deal with the property. Establish:
    1. who is presently the owner of the property, using a rates notice, title search or similar;
    2. the name of the deceased and the name on the evidence of death (death certificate or grant of probate) matches the rates notice or title search; and
    3. establish a link between the name of the executors/beneficiaries in the supporting evidence and the person signing the form.

    Form 4 Request to Record Death (Joint Tenants)

  5. A death certificate or grant of probate is usually satisfactory evidence. The suriving joint tentant/s must still provide you with the usual proof of identity and proof of entitlement/ ownership before signing the Form 4.

    6. Form 5, 5a or 6 - transmission by death (tenant in common)

  6. Review the evidence of death - death certificte plus original will, grant of probate bearing a court seal or letters of administration - to confirm who is entitled to act as executor or be the beneficiary. You will require proof of identity the person names as executor/ beneficiary is the person signing the form.
    1. Form 5 - signed by the person/s listed in the grant of probate.
    2. Form 5A - signed by the executor (personal representative).
    3. Form 6 - signed by the beneficiaries.

    Finalising a deceased estate

  7. Where an executor has already transmitted the property into their name in their capacity as personal representative and then wishes to transfer ownership, a title search will show the registered owner as the executor 'as personal representative', and a rates notice will show either 'the estate of the (deceased's name), deceased' or'(name) as personal representative'.
  8. Usual proof of identity requirements apply to witnessing the Form 1 - Transfer. As they have already established the death of the previously registered owner, they do not need to produce a copy of the will or death certificate when signing a transfer form as tansferor. The will may still be needed if the purchasers/transferees are acquiring the land pursuant to the terms of the will as this is their entitlement to enter into the transaction.

    Original Wills

  9. You should not pint, staple or make any markings on an original will and you should not remove any existing staples, clips, pins or attachments from an original will. Any residual marks left on the will may indicate a page has been removed and could raise concerns or affect the administration of the estate.

    10. References

  10. The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government - June 2017, Ch 4.11.