Do I need probate to sell my parent’s house?

Usually yes, unless the property was owned jointly with a survivor. The executor needs the grant of probate before the property can be registered in their name and sold.

The house was in both our names. What do I need to do?

If you were joint tenants, you apply to remove your partner’s name from the title using the death certificate. It is a straightforward application, and we prepare and lodge it for you.

Conveyancing is a fixed fee, quoted before you engage us. Development, SMSF and commercial property work is handled by senior lawyers and scoped in writing before it starts, so you know what you are committing to and what you will get for it.

Property after a death,
handled gently.

When someone dies, their property has to pass through the right steps before it can be sold or transferred. We look after those steps for surviving owners, executors and beneficiaries.

Book a free 15-minute call Call 03 8386 9502

Client reviews

Property law clients,
in their own words.

All 84 Google reviews

4.5★★★★★
Google rating from 84 client reviews
Every quote on this page is a public Google review, reproduced in the client’s own words. Read them all →
Been dealing with Dinesh, Pallavee and his staff for over 10 years, more than 20 properties settled through them. The amount of expertise Joshi Lawyers has is next to none… every question answered and every transaction handled in the most professional way.
Ankur AnandProperty investor · Google review, 2018
Made a complex process simple. I received pro-active phone calls and emails letting me know about timeframes and deadlines… Everything was completed remotely and so easy, as well as regular communication which far exceeded my expectations.
Dhaval PatelHome buyer · Google review, 2020
I’ve used Joshi Lawyers a few times now and have always had a good experience with them. The communication and service from their team throughout the entire process from start to finish is great, and they are cost-effective, too.
Ian HProperty and conveyancing client · Google review, 2019
We bought our first commercial property and Dinesh looked after our file… sent us all information three days prior with all calculations, and kept us posted with all changes on the settlement date. A hassle-free experience.
Ravneet KaurCommercial property buyer · Google review, 2020
The process went smooth with no stress, communication was easy and we were kept informed throughout the process. We can’t recommend them enough and we will definitely be using their services for future settlements.
Dureka HomesBuilder · Google review, 2019
I am with them for the past 5 years for several land purchases. In all instances they have provided great service to me… taking ownership and providing extra-mile service.
Sumita MukherjeeLand investor · Google review, 2019

Is this you?

When people come to us about deceased estate transfers.

Each of these is a good reason to call, and none of them is too early.

Your partner has died and the house was in both your names.
You are an executor and the will leaves the house to the children.
The family has decided to sell a parent’s home.
A property is still in the name of someone who died years ago.

How we help

There is a right order, and we take you through it.

If the property was owned as joint tenants, the survivor applies to have the deceased owner removed from the title. If not, the executor or administrator usually needs a grant of probate or letters of administration, then registers as owner before selling or transferring the property.

We explain which path applies, prepare and lodge the documents, and sell or transfer the property to the beneficiaries when the time comes.

What we do

Survivorship applications for joint owners
Transmission applications for executors and administrators
Sale of estate property, with the contract and section 32
Transfers to beneficiaries under the will
Duty and capital gains tax questions, with the estate’s accountant
Probate and letters of administration through our estates practice

Book a free 15-minute call

What happens first

Your first week with us.

A matter should feel different from the first call. This is what you can expect before anything is signed or sent.

What it costs

The first call: what is at stake
What has happened, what the documents say, and any date that cannot be missed, such as a settlement or a notice period.
In writing: the steps and the cost
What needs to happen and in what order, with the fee quoted or scoped in writing before the work starts.
Urgent matters first
Guarantee advice is usually given the same day, and a caveat can be lodged the same day where you hold an interest in the land.
From then on: one lawyer, no chasing
The same lawyer sees the matter through, and you are told what is happening at each step.

Your team

Who you will deal with.

Matters are run by the people below, not handed down.

Meet our people

Questions

Frequently asked questions

If your question is not here, it is a good reason for the free call.

Do I need probate to sell my parent’s house?
Usually yes, unless the property was owned jointly with a survivor. The executor needs the grant of probate before the property can be registered in their name and sold.
The house was in both our names. What do I need to do?
If you were joint tenants, you apply to remove your partner’s name from the title using the death certificate. It is a straightforward application, and we prepare and lodge it for you.
What does it cost?
Conveyancing is a fixed fee, quoted before you engage us. Development, SMSF and commercial property work is handled by senior lawyers and scoped in writing before it starts, so you know what you are committing to and what you will get for it.