Selling a Deceased Estate

Your guide to assist during the probate process.

How do you sell real estate forming part of a deceased estate?

There are 3 steps involved

The executor or administrator must obtain a Grant of Probate, or Letters of Administration from the Supreme Court of Western Australia. Landgate will not allow any property to be transferred without a Grant.

The property must be transferred to the estate, known as an Application by Personal Representative or a transmission application.

Finally, the property can be transferred to the beneficiary or, in the case of a sale, to the buyer.

SEEK PROFESSIONAL ADVICE

What is a survivorship application?

A survivorship application is an application to Landgate by a surviving joint tenant of property to remove the name of a deceased person from the certificate of title.

What is a transmission application?

A transmission application is an application to Landgate by an executor or administrator to transfer property from a deceased person to their estate. A transmission application must be completed before the property can be sold or transferred to a beneficiary.

Can I recoup my legal costs from the estate?

As a general rule, the answer is yes – executors and administrators can charge reasonable legal costs to the estate. What is reasonable depends on the circumstances, but would generally include the costs of transmission applications, transfer to beneficiaries and settlement fees.

When calculating a capital gain or capital loss, it's important to get the cost base calculation right.

Cost base is usually the cost of the property when purchased and any costs associated with acquiring or selling it.

Seek Professional Advice

Deceased estate matters can be complex, especially for property owners with diverse portfolios. Consider consulting with a qualified tax professional, an accountant and a lawyer who specialises in deceased estates.

They can provide personalised advice tailored to your specific circumstances and help you navigate the probate process. For more advice, visit the Perth Probate Centre.

> Perth Probate Centre <

Remember, this guide provides general information and should not be considered as personalised financial or tax advice. It’s always recommended to consult with a qualified professional for specific advice tailored to your situation.

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Disclaimer:

This guide provides general information and should not be considered as personalised financial or tax advice.
It’s always recommended to consult with a qualified professional for specific advice tailored to your situation.

The above content is provided by the Perth Probate Centre.

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