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How do I sell real estate forming part of a deceased estate?

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Before real estate can be sold it must first be transferred to the name of the executor or administrator of the estate.

There are three steps involved here:

  1. Firstly, the executor or administrator must obtain a Grant of Probate or Letters of Administration from the Supreme Court of Western Australia. Landgate will not permit property transfers without a Grant.
  2. Secondly, the property must be transferred into the name of the executor or administrator of the estate, in their capacity as executor or administrator, known as an Application by Personal Representative or a transmission application.  This application is an essential first step whether the property is to be sold or transferred to one or more beneficiaries of the estate.
  3. Thirdly and finally, the property can be transferred to the beneficiary or beneficiaries named in the Will or, in the case of a sale, to the buyer.

 

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