English · Bahasa Indonesia · Australian lawyers for Indonesian families

Inheriting Melbourne property when a parent dies in Indonesia

★★★★★ Rated 4.9 out of 5 on Google from over 200 client reviews

A surat keterangan waris, a notarial deed or an Indonesian court decision tells the family who the heirs are in Indonesia. It does not, on its own, let anyone sell or transfer land in Melbourne. This guide explains what Victorian law requires and how families in Indonesia can deal with it without travelling to Australia.

Why Indonesian inheritance documents are not enough in Victoria

Land in Victoria is dealt with under Victorian law, wherever the owner lived or died. Before the land registry (Land Use Victoria), a bank or a buyer will deal with a deceased person’s Melbourne property, someone usually needs a grant from the Supreme Court of Victoria:

• Probate, if your parent left a valid will that covers the Australian property; or
• Letters of administration, if there was no will, or the will does not cover Australia.

A surat keterangan waris, a penetapan ahli waris from an Indonesian court, or an Indonesian notary’s deed is useful evidence of the family and the heirs, but it is not a Victorian grant. Indonesia is also not one of the countries whose grants can simply be “resealed” in Victoria, so a fresh Victorian application is normally needed.

Who inherits the Melbourne property?

For land, the general rule is that the law of the place where the land is located decides who inherits it. That means:

• If there is a will that validly covers the Melbourne property, the will decides.
• If there is no will, Victoria’s intestacy rules decide, which may give a different result from Indonesian inheritance rules or from what the family has agreed in Indonesia.
• How the title is held matters. If your parent owned the property as a joint tenant with someone else, their share usually passes automatically to the surviving owner, outside the will and outside probate.

Families are often surprised by this. A family agreement in Jakarta or Surabaya about who gets what may need to be put into effect through the Victorian estate, with the right documents and tax advice.

The usual steps

1. Find out what is in Australia. A title search shows how the property is held and whether there is a mortgage. We also look for bank accounts, shares and superannuation.
2. Collect the Indonesian documents. The death certificate (akta kematian), any will, family documents (kartu keluarga, birth and marriage certificates) and any surat keterangan waris. These usually need an apostille and a certified English translation.
3. Apply to the Supreme Court of Victoria. We prepare the application, the affidavits and the required advertisement. Executors or applicants overseas usually sign their affidavits in front of a notary in Indonesia or at an Australian embassy or consulate.
4. Deal with the property. Once the grant issues, the property can be transferred to the heirs or sold. Land tax, rates, owners corporation fees and any mortgage continue while this happens.
5. Tax and distribution. We work with an accountant on capital gains tax, foreign resident withholding on a sale, and getting funds to heirs in Indonesia.

Common problems we see

• A will made in Indonesia that names Indonesian executors but does not clearly cover Australian property.
• Heirs spread across Indonesia, Singapore and Australia who all need to sign.
• Names spelled differently across the passport, KTP and family documents.
• Tenants, rent and land tax with no one in Australia able to manage them.
• A family agreement in Indonesia that does not match Victorian law.

Each of these can add months if it is not dealt with at the start.

How Chua Tan Associates helps

We have handled estates for overseas Chinese families since 1990. We act for executors and heirs who live in Indonesia, explain each step in English, Mandarin or Cantonese, and work alongside your notary and lawyers in Indonesia. Where the family visits Melbourne, documents can also be signed in person at our Queen Street office, where we also provide notary public services.

More guides for families in Indonesia

• Buying a Melbourne Apartment for a Child Studying in Australia
• Using Indonesian Documents in Australia: Apostille and Translation
• An Australian Will Alongside Your Indonesian Will
• All our services for families and businesses in Indonesia

This guide is general information about Australian law as at October 2026 and is not legal advice. Rules change, and every situation is different.