If a person’s name appears on a Queensland title, you will need to notify Titles Queensland when they die so that their property, mortgages and leases can be dealt with.
This will require correctly completing and lodging the relevant forms along with supporting evidence, and paying the lodgement fee.
You can get an indication about which forms to lodge by answering the questions below. Please note that the questions and answers do not cover all situations or provide an exhaustive list of forms which may be required.
Please confirm your requirements with your solicitor before submitting the forms with Titles Queensland.
Information you need before you start
Details of the deceased’s property interests
To answer the questions below, you will first need to know:
- What interest did the deceased hold (e.g. was the deceased an owner, lease holder or mortgagee)?
- How did they hold the interest (e.g. as sole owner, tenant in common or joint tenant)?
You can get this information, along with additional information you will need to correctly complete the forms, from a current title search. This can be purchased online from Titles Queensland or obtained from your solicitor.
If the deceased was a lessee in a retirement village, you can get the required information from the registered lease or from a current title search. Either can be obtained free of charge from the scheme operator. Please use the form Access to retirement village operational documents – Information for residents and prospective residents (PDF) to request the documents.
How the property interest is to be dealt with
When answering the questions below, you may be asked to indicate how the property interest is to be dealt with. In most cases, this will involve putting the property interest in the name of either:
- Personal representative of the estate — this is usually the executor/s in the will or those who have been granted a probate. They will hold the property on behalf of the estate.
- Beneficiaries of the estate — also called the legatee or devisee, these are the individuals who either receive or inherit a benefit from the will.