What Happens to Your Land Title If You Die? Understanding Property Ownership in Wills
/Most people assume their home will automatically pass to their loved ones when they die—but in Victorian property law, the outcome depends on how the title is held, not just what the will says.
David Dawn, Licensed Conveyancer at Victorian Property Settlements, explains the key types of property ownership and what happens to the title if an owner passes away. If you are a property owner in Victoria, understanding these rules is essential for planning your estate and protecting your family.
The Three Main Types of Property Ownership in Victoria
When you purchase real estate in Victoria, your name appears on the Certificate of Title in one of the following ways:
1. Sole Proprietor
This means the property is owned entirely by one person. If you pass away, the property becomes part of your estate and is transferred according to your will or the laws of intestacy if you die without one.
Requires:
Grant of probate (if there is a will)
Letters of administration (if there is no will)
The executor then signs a survivorship or transmission application to transfer the title to the beneficiary.
2. Joint Proprietors
This is most common for couples. If one person dies, the surviving joint owner automatically becomes the sole owner, regardless of what the will says. This is known as the right of survivorship.
Requires:
Application by surviving proprietor
Original death certificate
Important: You cannot leave your share to someone else in a will under this structure.
3. Tenants in Common
This allows two or more people to own property together in defined shares—such as 50/50, 60/40, or even unequal interests.
If one owner dies, their share does not automatically transfer to the co-owner. Instead, it becomes part of their estate and is distributed under their will.
Requires:
Transmission application and probate or administration
Often used for business partners or blended families
What If There Is No Will?
If someone dies intestate (without a valid will), their property is dealt with under the Administration and Probate Act 1958 (Vic).
The estate is distributed according to a set order of priority—spouse, children, siblings, and so on.
If the deceased was the sole owner or tenant in common, title cannot be transferred until a grant of letters of administration is obtained through the Supreme Court.
Can You Add a Co-Owner After Death?
No. Property ownership cannot be changed after death unless the original owner had made legal arrangements (such as a will or trust) while alive.
Many clients believe they can “add mum to the title” after dad dies—but this is not possible without going through probate or administration.
What About Mortgages or Debts?
If the deceased had a mortgage, the lender may:
Require full repayment on death
Transfer the mortgage to the beneficiary (if they qualify)
Refuse to transfer the title until the debt is paid out
This is why estate planning should always include a review of your loan terms and repayment capacity of your heirs.
Key Steps for Executors and Families
Obtain the death certificate
Seek legal advice on whether probate is needed
File the appropriate Land Use Victoria form (survivorship or transmission)
Pay any stamp duty or fees if applicable
Check whether land tax or council rates are owing
Victorian Property Settlements can assist with all required forms, declarations, and title applications during this difficult time.
Conclusion
The way your name is recorded on the land title determines what happens when you die—not just your will. If you’re unsure whether your property is joint or tenants in common, or you want to update your arrangements to suit your estate planning, get in touch.
At Victorian Property Settlements, we handle ownership reviews, survivorship applications, and estate transfers with care, precision, and empathy.