Insights

When a loved one passes away, one of the most common questions families ask is – ‘what happens to the property he/she owned?’. If the person owned the property in their name alone or as tenant in common, then a Transmission Application is usually required to update the property title so the executor or administrator can deal with the deceased person’s interest in the property.

A Transmission Application in Western Australia is a Landgate application used to have the deceased owner’s executor or administrator, also called the personal representative, entered on the title in place of the deceased proprietor for the deceased person’s estate or interest.

It is generally used where the deceased held the property as sole proprietor or held a share as tenant in common. It is not used to transfer the property directly to a beneficiary.

This article explains, in simple and clear terms, what a Transmission Application is, why it matters, and how West Perth Legal can help WA families navigate the process smoothly.

What Is a Transmission Application?

A Transmission Application is a legal document lodged with Landgate (WA’s land titles office) so the executor or administrator can be registered as proprietor of the deceased person’s estate or interest in the land.

Think of it like updating the name on the property title so the estate can deal with the property properly.

A Transmission Application does not sell the property and does not transfer it to family members yet. It updates the land register so the executor or administrator can deal with the deceased person’s registered interest, including where appropriate to:

• Manage the property
• Maintain or insure it
• Sell it
• Transfer it to beneficiaries later

Who Needs to Lodge a Transmission Application?

You usually need to lodge one if:

• The deceased person owned property in their sole name, or
• The deceased person owned property as tenants in common

A Transmission Application does not apply if the deceased held the property as joint tenant. In that situation, the surviving joint tenant usually applies to Landgate to be registered as the surviving proprietor by lodging a Survivorship Application. Contact us if you require assistance with applying for the deceased joint tenant’s name to be removed from the title.

Why Transmission Applications Matter

A Transmission Application is important because it updates the land register so the executor or administrator can deal with the deceased person’s registered interest in the property.

Until it is lodged and accepted:

• The estate may not be able to complete a sale or transfer on title
• Banks may require updated title or estate documents before completing a discharge, refinance or related dealing
• Councils, Water Corporation and other authorities may still show the deceased owner
• Insurance arrangements may need to be reviewed or updated
• Utilities and other accounts may be more difficult to update
• Beneficiaries may experience delays before receiving their entitlement to the property or sale proceeds

Lodging the Transmission Application early avoids delays, confusion and disputes.

Common Issues WA Families Face with Transmission Applications

Many WA families run into problems when trying to lodge a Transmission Application themselves:

• Forms rejected due to incorrect information
• Missing probate or administration documents
• Incorrect land descriptions
• Spelling differences between the Will, probate and title
• Landgate requirements misunderstood
• Delays affecting the sale of the property
• Needing urgent settlement but not having transmission completed

These errors cause weeks of delays and often require re-lodgement with additional fees.

At West Perth Legal, we help families avoid these issues by ensuring everything is prepared correctly the first time.

How West Perth Legal Helps WA Families

We support clients with:

• Reviewing all Landgate requirements
• Preparing the Transmission Application forms
• Conducting verification of identity
• Ensuring names and land descriptions match probate or administration documents
• Lodging the application directly with Landgate
• Assisting with corrections or requisitions
• Advising on what happens next, includingtransferring property to beneficiaries or selling estate property
• Assisting with preparation or review of the Contract for the Sale of Land

We make the process simple and stress-free at a time when families already have enough to deal with.

When Should You Lodge a Transmission Application?

Ideally:

• As soon as probate or letters of administration are granted
• Before listing the property for sale
• Before transferring the property to beneficiaries
• Before dealing with banks, insurers or third parties

Lodging early helps prevent avoidable delays later in the estate process.

Need Help Lodging a Transmission Application?

If you are an executor or family member trying to manage a loved one’s property, West Perth Legal can help you lodge a Transmission Application, review Contract for Sale of Land and assist with the property transfer. We prepare all documents, handle Landgate requirements, and guide you through every step.

Contact West Perth Legal today for a quote.

Disclaimer: the content of this article is provided as general information only and does not constitute legal or other advice on any specific matter and should not be relied upon as such. If you are seeking or require legal advice, please contact our lawyers.