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After a Parent Dies: How Victorian Property Passes to the Children

  • November 5, 2026

Home " Legal blog " Uncategorised " After a Parent Dies: How Victorian Property Passes to the Children

The direct answer: Start with how the property is held. If the parents held it as joint tenants, the surviving parent can usually have it transferred into their name on a death certificate, without probate. If it was held in one name or as tenants in common, a grant of probate or letters of administration is usually needed first, and the executor then transfers the property to the beneficiaries or sells it.

Joint tenants: survivorship

When one joint tenant dies, their share passes automatically to the surviving owner and does not pass under the will. The survivor applies to Land Use Victoria to remove the deceased’s name. The estate process only starts once both parents have died.

Sole owner or tenants in common: probate first

If there is a will, the executor applies to the Supreme Court of Victoria for probate; if there is no will, the next of kin applies for letters of administration. Once the grant is made, the executor can register the property in their name as executor and then transfer it to the beneficiaries, or sell it and distribute the proceeds. A transfer to a beneficiary under the will is generally free of stamp duty.

What children should watch for

  • If the property is still mortgaged, talk to the bank about continuing repayments or selling
  • Selling an inherited property later may involve capital gains tax; learn early about rules such as the two-year window for a main residence
  • Executors or children overseas can sign documents remotely, though some documents need notarising
  • If siblings disagree about keeping or selling the property, consider mediation first

See: Joint tenants or tenants in common, Overseas executors applying for probate in Victoria.

Talk to a lawyer about your situation

Every family’s situation is different, and so are the taxes and procedures that apply. Please book a paid consultation and a lawyer will go through your situation and explain the options. Related service: Wills and Estates Lawyers Melbourne | Chua Tan Associates.

This article is general information only and is not legal, tax or financial advice. Do not rely on it. Please book a consultation for advice on your situation.

重要提示: 本文仅为一般资讯, 不得作为依据. 本文并非法律, 税务或财务意见, 没有考虑您的个人情况, 亦可能未反映发布后的法律变化. 其他国家的法律也可能适用. 请勿仅依据本文采取或不采取任何行动. 阅读本文或与我们联系, 并不构成律师与客户关系. 如需针对您情况的意见, 请预约咨询.

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