Property After Death
The house, the mortgage, the transfer.
What happens to someone's property depends on how it was owned, whether there's a mortgage, and what the will says.
Joint tenancy vs tenants in common
If the property was held as joint tenants (most couples), it passes automatically to the surviving owner — outside the will. If held as tenants in common (common in blended families or investment), each person's share forms part of their estate and passes under their will.
Check the title — a solicitor, or the land titles office in your state or territory, can tell you which it is.
If there's a mortgage
The mortgage doesn't disappear. Contact the lender, notify them of the death, and ask about hardship provisions. Check for mortgage protection insurance. If the surviving owner can't service the loan, options include selling, refinancing, or the estate paying it off from other assets.
Stamp duty
Transfers from a deceased estate to a beneficiary are generally exempt from stamp duty in most Australian states. Transfers to a surviving joint tenant are also exempt. Check with your state's revenue office.
Duty on a transfer, state by state
When a transfer from an estate is exempt, in each state and territory.
The transfer process
For joint tenancy: lodge a transmission application with the land titles office (with the death certificate). For tenants in common or sole ownership: the executor transfers the property as part of the estate administration, usually after probate is granted.
Land titles, state by state
The registry that records who owns a property, and updates it after a death.
See all 16 guides in Money & legal →
From bluetulipco.com/library/money/property-transfer — printed 1 October 2026.
General information only — not a substitute for legal, medical, financial, or therapeutic advice. Read the full disclaimer.
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