Landgate Transmission Applications

Landgate Transmission Applications

If you or someone you know is the Executor or Administrator of an estate which has real estate as a component of it, then you may like to read on.

A ‘transmission application’ is required to be made by the Executor or Administrator of an estate to enable him or her to be recognised by Landgate as the proprietor of the estate or interest in place of the deceased proprietor. The effect of the application is that the Executor or Administrator can then deal with the land in question on behalf of the estate. Ordinarily Austral Legal can prepare a transmission application on a fixed fee basis.

Where the name of an Executor or Administrator shown in a Grant of Probate or Letters of Administration differs to that shown in a transmission application, a new or amended Grant of Probate or Letters of Administration will be required.

The following documents must be produced in support of a Transmission Application:

  • the original or a suitably certified copy or the original Grant of Probate or Letters of Administration (note that a Grant of Probate or Letters of Administration granted in another jurisdiction (ie interstate or overseas) must first be re-sealed by the Western Australian Probate Office); and
  • a statutory declaration, identifying the deceased if the name and address as shown on the Grant of Probate or Letters of Administration differs in any way from those shown in the Register, (but if the Grant of Probate correctly identifies the proprietor as the deceased or the details on the title and the Will agree, no further proof is required).

Finally, if you have read this far and think that you need some practical advice or assistance in relation to your matter, then now is probably the time to get in touch. Austral Legal can help and we offer an initial discounted 30-minute SmartMove appointment for $80 by phone or in person at our office. Bookings can be made online through our website or simply by phoning our office on 08 9745 9550. Once we have a handle on what is required, we may well be able to offer a fixed fee for any further legal services, giving you cost certainty from the start. Austral Legal. Practical advice.