Deceased Estate Property Transfers

When a property owner dies, the property does not simply pass to the family automatically; the title has to be dealt with through the correct legal steps. Deceased estate property transfers cover transmitting the property to the executor or administrator and then transferring it to the beneficiaries or selling it as part of administering the estate. In Queensland this is legal work, and Queensland Law Society-member solicitors assist executors and beneficiaries with these transfers, working alongside the estate administration.

The first step is usually a transmission application, which records the death on the title and transmits the property to the executor named in the grant of probate, or to the administrator where there is no will. Your solicitor prepares this application, runs a title search to confirm the registered owner and any encumbrances, and lodges it with the Queensland Titles Registry, now largely electronically through PEXA, the online platform used to lodge documents and transfer ownership.

Once the property is held by the executor or administrator, it can be transferred to the beneficiaries entitled under the will or the rules of intestacy, or sold with the proceeds distributed through the estate. The solicitor prepares the transfer to beneficiaries, or, where the property is being sold, prepares the contract and the Form 2 Seller Disclosure Statement that a Queensland seller must give from 1 August 2025 before the buyer signs, and manages the sale through to settlement.

Transfer duty is treated specially for many estate transfers. A transfer to a beneficiary in accordance with a will or the rules of intestacy may attract concessional or nil duty, but this depends on the circumstances, so the solicitor advises on what applies rather than assuming. Because deceased estate work overlaps with the broader administration of the estate, the conveyancing solicitor coordinates with whoever is handling probate and the estate accounts.

This service suits executors, administrators and beneficiaries dealing with a Brisbane property after a death. On cost, the solicitor quotes a professional fee for the transmission and transfer work, with government charges, search and registration fees and any transfer duty confirmed separately in writing. We are a conveyancing network and never set or charge the fee.

If you are dealing with a Brisbane property in a deceased estate, share a few details and a Queensland Law Society-member solicitor will contact you, usually within one business day.