Lodgement category: Deceased Estate Transfers
Sub category: Deceased Estate (outside of the term of the Will)
Entitled under a will or intestacy. A transfer made to a beneficiary in accordance with the terms of the will of the deceased for no consideration.
- Digital Duties Form.
- A copy of the grant of probate sealed by the Supreme Court or the County Court with copy of the will attached, or
- If there was no will, a copy of the letters of administration, and the affidavit lodged with the Supreme Court when letters of administration were obtained.
- If the distribution and entitlement is not clear from the will or results from an intestate estate, provide:
- The inventory of the assets and liabilities of the deceased estate, listing each property and their respective value and the existence of any encumbrance over property.
- The distribution statement prepared by the executor or administrator.
- Evidence of the value of all the properties at the date of the transfer, by one of the following:
- A letter of appraisal from a licensed real estate agent and a copy of the relevant rates notice, or
- A valuation by a certified practising valuer who is a member of the Australian Property Institute (API) or from a member of the Real Estate Institute of Victoria with sworn valuer accreditation.
- A statutory declaration by the executor or administrator of the estate stating:
- The capacity of the person making the declaration.
- The name and date of death of the deceased.
- How the transferee is a beneficiary pursuant to the terms of the will or the laws of intestacy.
- Whether any consideration has passed between the parties.
- Whether the value of the real property exceeds the transferees’ entitlement pursuant to the terms of the will or the laws of intestacy.
- A copy of any relevant agreement between the parties, such as:
- Any deed of family arrangement made between the parties.
- Any deed of settlement made between the parties.
- Any deed of disclaimer by a beneficiary.
- Any deed of surrender by the life tenant and the remainder tenant.
Lodge 30 days before settlement through Duties Online
Last modified: 30 August 2023