{"id":23365,"date":"2026-11-05T10:38:02","date_gmt":"2026-11-04T23:38:02","guid":{"rendered":"https:\/\/chuatan.com.au\/?p=23365"},"modified":"2026-11-05T10:38:02","modified_gmt":"2026-11-04T23:38:02","slug":"transfer-property-after-parent-dies-victoria","status":"publish","type":"post","link":"https:\/\/chuatan.com.au\/en\/transfer-property-after-parent-dies-victoria\/","title":{"rendered":"After a Parent Dies: How Victorian Property Passes to the Children"},"content":{"rendered":"

The direct answer:<\/strong>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.<\/p>\n\n\n\n

Joint tenants: survivorship<\/h2>\n\n\n\n

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\u2019s name. The estate process only starts once both parents have died.<\/p>\n\n\n\n

Sole owner or tenants in common: probate first<\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

What children should watch for<\/h2>\n\n\n\n