Survivorship
Application
When a joint tenant passes away, the surviving owner needs to formally update the property title. We handle the application from start to finish.
Survivorship Application
When property is held as joint tenants and one owner dies, the surviving owner must formally remove the deceased's name from the property title through a survivorship application. This process — known as a Transmission Application by Survivorship — is lodged with Land Use Victoria and, in most cases, handled electronically via PEXA. It is separate from and simpler than probate: because the right of survivorship operates automatically by law, no court grant is required. The application updates the title to reflect what has already occurred by operation of law.
It is important not to delay. Until the title is updated, the surviving owner cannot sell, mortgage, or otherwise deal with the property without complications. Banks and conveyancers will require the title to be in order before proceeding with any transaction. We recommend lodging the application as soon as practicable after obtaining the death certificate.
The survivorship process applies to real property (land and houses) held as joint tenants. It is distinct from assets held as tenants in common, which form part of the deceased's estate and require probate or letters of administration. If you are unsure how your property is held, we can confirm this from the certificate of title.
Based at 4 Watton Street, Werribee, we assist clients across Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and the wider Wyndham region.
Where assets were held in the deceased's sole name — rather than as joint tenants — probate or letters of administration is required before those assets can be dealt with. We guide executors and administrators through the Supreme Court process.
Probate and estate administration — full details →A well-drafted Will minimises complications for your family and makes the administration of your estate straightforward. We draft Wills that clearly express your intentions and are valid under Victorian law.
Wills — full details →Where a person dies without a valid Will and assets require court authority to deal with, an administrator must obtain letters of administration. We handle this process and advise on the rules of intestate succession.
Letters of administration — full details →A survivorship application is one part of a broader Wills and Estates practice — covering Will drafting, probate, powers of attorney, estate planning, and estate disputes. See the full range of services we offer.
Wills and estates — all services →A straightforward process,
handled properly.
A survivorship application is one of the more straightforward property law tasks — but it still requires correct documentation, accurate title information, and compliance with Land Use Victoria requirements. Errors or missing documents cause delays and can complicate subsequent transactions.
We manage the process from obtaining the death certificate through to PEXA lodgement and title update. We confirm how the property is held, identify any registered interests that need to be addressed, and ensure the application is prepared correctly the first time.
As Werribee's oldest law firm, we have helped Wyndham families navigate property and estate matters for generations. We understand that dealing with property after a loss is one more task at a difficult time — we aim to make it as straightforward as possible.
Survivorship Application FAQs
When real property is held as joint tenants and one owner dies, the surviving owner needs to formally remove the deceased's name from the property title. This is done through a survivorship application (also known as a Transmission Application by Survivorship) lodged with Land Use Victoria. Unlike probate — which applies to assets in the deceased's sole name — a survivorship application deals with jointly owned property and does not require a grant of probate. The right of survivorship is automatic by operation of law; the application simply updates the title to reflect the change in ownership.
You will generally need a certified copy of the death certificate, the current certificate of title, and a completed survivorship application form. In most cases, the application is lodged electronically via PEXA (Property Exchange Australia). Additional evidence may be required if the title records are not current, if there are caveats or mortgages registered on the property, or if the joint tenancy was severed prior to death. We review the title and confirm exactly what is required for your property before proceeding.
Once all documents are in order, a survivorship application lodged via PEXA is typically processed by Land Use Victoria within 2 to 4 weeks. Preparation — obtaining the death certificate, confirming the title details, and completing the application — usually takes 1 to 2 weeks. We manage the entire lodgement process on your behalf from start to finish. Call (03) 9741 3777 to get started.
Joint tenants own the entire property together — when one joint tenant dies, their interest passes automatically to the surviving joint tenant by operation of law (the right of survivorship). A survivorship application formally updates the title to reflect this. Tenants in common, by contrast, own separate defined shares — when one tenant in common dies, their share forms part of their estate and passes according to their Will or the rules of intestacy. There is no right of survivorship for tenants in common; their share requires probate or letters of administration.
Yes. We are based at 4 Watton Street, Werribee and regularly act for clients across the Wyndham region — including Hoppers Crossing, Point Cook, Tarneit, Wyndham Vale, Truganina, Manor Lakes, and Werribee South. We also assist clients in Lara, Little River, and Geelong. Call (03) 9741 3777 to arrange an appointment.
Need to update the title?
We handle survivorship applications from start to finish — efficiently and correctly.