Death of a property owner
You need to tell the Land Titles Office when one of the joint property owners listed on your land title dies. This is so the title can be updated.
Some titles, created before 1 December 2000, do not list the tenancy of owners along with all the names of the owners and it is presumed that two or more parties may have held the land as joint tenants.
Who can apply
As one of the joint property owners listed on the title you can fill in and submit an original application form to update the details on the title yourself or you can use the services of a licensed conveyancing agent or solicitor.
How to apply
Follow these steps:
Step 1. Print out on both sides of one piece of paper and fill in the application to note death by surviving proprietor form.
Step 2. You must provide the original death certificate as proof of death and this will be sighted and returned to you.
Step 3. You must have your original form signed in front of a qualified witness before taking it to the Land Titles Office.
Step 4. Attach any duplicate title certificates, if they have been issued.
If the property is mortgaged
If the property is mortgaged, and the title certificate is with a bank or financial institution, you need to ask the bank or financial institution to produce this to the Land Titles Office at the same time you lodge your application.
The bank or financial institution may charge a fee to do this.
If there is a different spelling of the name on the title
If the deceased person's name on the death certificate is different to their name on the title, you will need to state in your application form that both documents refer to one and the same person.
For example you can state that 'Mary Ann Smith' described in the certificate as to title is the one and the same person as the 'Mary Anne Smith' described in the death certificate.'
How to get a new certificate
The Land Titles Office does not automatically issue you with a new title certificate when you apply to note a death of a joint property owner.
If you want a new title certificate you must follow these steps:
Step 1. Print out on both sides of one piece of paper and fill in a request to issue certificate as to title form.
Step 2. Have the original form signed by all land owners in front of a qualified witness.
Step 3. Submit this form when you submit your application to note death by surviving proprietor form and there will be no charge for the new title certificate.
For more information email AGD.RegistrarGeneral@nt.gov.au.
Last updated: 06 February 2019
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