Selling a Deceased Estate Property in Victoria: Probate, Title and Settlement

When a sole owner or tenant in common dies, the executor or administrator generally needs authority from the Supreme Court and a land-title transmission step before dealing with the property. The correct process depends on ownership type, the will, probate or letters of administration and the proposed sale timetable.

First check how the property was owned

If the deceased held the property as a joint proprietor with a survivor, a survivorship application is generally used instead of dealing with the property as an estate asset on title.

If the deceased was sole owner or a tenant in common, their interest forms part of the estate and is commonly dealt with by the executor or administrator after the relevant grant.

Probate and letters of administration

Probate confirms an executor’s authority under a valid will. Letters of administration appoint an administrator where there is no executor able to act or no applicable will.

The property cannot be treated as if the beneficiaries already own the registered title merely because they are named in a will.

Transmission to the legal personal representative

Land Use Victoria provides an application process for an executor or administrator to become registered as legal personal representative after the grant is issued.

The title and sale documents must use consistent names and capacities. Historical name differences, multiple deceased owners or a mortgage can add further steps.

Preparing for sale

Tell the conveyancer preparing the Contract and Section 32 about the death and grant status before advertising. The contract may need conditions dealing with probate or registration timing.

Also arrange the ATO clearance certificate position, lender discharge if relevant, property insurance, rates and authority for the estate agent.

DY practical point

Do not promise a short unconditional settlement before confirming that the grant and title registration pathway can be completed. Estate administration and conveyancing are connected but separate processes.

Frequently asked questions

Can an executor sell before probate is granted?

A contract may sometimes be entered with appropriate conditions, but completion and title steps generally require the executor’s authority to be established. Obtain specific advice before listing or signing.

Does a beneficiary automatically go on title?

No. A will identifies entitlements, but formal estate and land-registration steps are still required.

What if the property has a mortgage?

The lender and discharge process must also be coordinated, usually using settlement proceeds where the property is sold.

Official references

Land Use Victoria — How to lodge deceased estate transactions

Land Use Victoria — Fees, guides and deceased estate forms

This article provides general information about Victorian conveyancing as at 17 July 2026. It is not legal or financial advice. The correct approach depends on the contract, title, parties and circumstances of each transaction.