Property Transfer Estate

How do I transfer my property title? - Estate NZ (5 minutes to read)

Transferring a property or share of a property when someone close to you dies is a delicate time. When a property owner passes away, the process to transfer the title into the name of the surviving owner involves a few different steps depending on how the property is held. A general outline of the steps to follow:

Gather Necessary Documents: Before you can update the title, you'll need a number of documents:

·        Death Certificate of the deceased.

·        The original Certificate of Title (if it's not held electronically).

·        The Probate or Letters of Administration, if required.

·        Engage a Conveyancing Lawyer or Licensed Conveyancer: It's highly recommended that you engage a professional to handle this for you, as the process can be quite technical and intricate.

Joint Tenancy

If the property is owned as joint tenants then the surviving tenants can transfer the property to their name using a death certificate and statutory declaration. If the property is not owned as joint tenants then the following documents or grants will need to be obtained.

Probate: The executor will need to apply for a grant of probate. If there was no will, a family member or other interested person can apply to the High Court for Letters of Administration to manage the deceased's estate.

Complete the Required Forms: Your lawyer or conveyancer will typically complete a Transmission Application for you, which is necessary step before transferring the deceased's share in the property to the surviving owner. This form requires details of the deceased, details of the property, and details of the person to whom the property is being transferred.

Submit the Application: The Transmission Application, along with any required supporting documentation (like the death certificate and probate or letters of administration), should be submitted to Land Information New Zealand (LINZ) via an e-dealing.

Receiving the Updated Record of Title: Once your application is approved and processed by LINZ, the Certificate of Title will be updated to reflect the property solely in your name(s).

We can help you with all the documentation and entire process. Please contact us by telephone or email richard@integritylaw.co.nz  09 267 2700