Death of a property owner
You need to tell the Land Titles Office when a property owner listed on a 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.
Sole owner or tenant in common
If the death relates to a sole owner or tenant in common, the executor of the will must apply for probate at the Supreme Court.
To apply, go to the NT Supreme Court website.
The executor must also fill in form 72 - application to register a personal representative on the land titles forms and fees page.
For more information, contact your nearest Land Titles Office.
Joint property owner
If you are a joint property owner and need to update the land title details, read the information below.
Who can apply
As one of the joint property owners listed on the title you can fill in and submit an original application 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 .
Step 2. You must provide the original death certificate as proof of death. 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 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 email@example.com.
Last updated: 17 July 2020
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