Transferring property after someone has passed away

Dealing with an estate can be complicated enough without trying to work out what needs to happen to property. Akello Legal assists with the legal transfer of estate property following probate or letters of administration.

We act for executors and administrators in the transfer and sale of estate property in Victoria, or to facilitate the sale of the estate property where required once probate has been granted or letters of administration issued.

We do not handle the probate or letters of administration application itself, but once that grant is in place, we manage the conveyancing from that point through to settlement. 

Our estate conveyancing services

• Property transfers under a grant of probate 
• Transfers under letters of administration 
• Transmission applications 
• Sale of estate property by executor or administrator 
• Transfer to a beneficiary in satisfaction of entitlement 
• Property affected by testamentary trusts
• Jointly held property and survivorship transfers 
• Clearance of caveats and encumbrances on estate property 

We provide a transparent fee estimate before any work begins. No surprise invoices at settlement.

When we step in 

After the grant of probate or letters of administration has been issued. Not before. We do not handle probate application or estate administration, we handle the property transfer once you have the authority to proceed.

What we need from you 

The grant of probate or letters of administration, the will (if there is one), and the certificate of title or title reference of the property. We take it from there. 

What makes this difference from ordinary conveyancing 

The authority to deal with the property comes from the court grant, not a contract. The timeline is determined by the estate's circumstances, not a settlement date. The obligations on the executor are specific and carry real consequences. We understand all of that before we start.

What we do and what we don't do

We transfer estate property. We don't administer estates. There is a distinction worth understanding before you contact us. Deceased estate work divides into two stages.

The first stage is obtaining the authority to act. If there is a will, this means applying to the Supreme Court of Victoria for a grant of probate which confirms the will's validity and appoints the executor to act. If there is no will, or if the named executor cannot act, it means applying for letters of administration. This stage involves preparing and filing the application, advertising forcreditors, and dealing with the court. We do not handle this stage. 

The second stage is exercising that authority in relation to the estate's property and transferring it to beneficiaries, lodging transmission applications, or managing the sale as executor. This is what we do.

If you are still at the first stage and need assistance obtaining a grant, we can refer you to a firm that handles estate administration. If you have the grant in hand and need to deal with property, contact us.

What makes estate conveyancing different

It is not the same as buying or selling your own property.  In an ordinary property transaction, the parties are dealing with their own property. In estate conveyancing, the executor or administrator is dealing with property that belongs to the estate, which means they have authority to act, but also obligations to beneficiaries, creditors and the court.

The executor cannot simply decide to sell an estate property because it would be convenient. They must act in accordance with the will (if there is one), in the interests of the estate as a whole, and in compliance with their legal duties as executor. If they get it wrong, they can be personally liable.

Our Process

From grant to registered title. What to expect.

Step 1: Bring us the grant
Contact us with the grant of probate or letters of administration, the will (if any) and the title reference for the property. We will confirm what you have, identify what we need and tell you what the next steps are. There is no point contacting us before you have the grant, we cannot do anything without it.

Step 2: We investigate the title
We conduct a full title search and identify encumbrances, caveats, covenants and any other interests affecting the property. If there are issues that need to be resolved before the transfer can proceed, we tell you what they are and what needs to happen. We do not present surprises at settlement.

Step 3: We prepare the documents
We prepare the relevant documents whether it's a transmission application, a transfer of land, a contract of sale, or some combination of these. We explain what each document does and what you are signing before you sign it. We do not send you a stack of papers and ask you to sign them.

Step 4: Settlement and registration
We manage settlement or the lodgement of documents at Land Use Victoria, as the case requires. Once registration is complete, we confirm the outcome in writing and advise on what records you should keep as executor.

You have the grant. The rest is our job.
Bring us the grant of probate or letters of administration and we will take it from there. No jargon. No surprises. Just the transfer, done properly.