Survivorship Applications in Perth, Western Australia
When a property is owned by joint tenants and one owner passes away, the property title usually needs to be updated to remove the deceased owner’s name. At H2 Conveyancing, we assist surviving owners in Perth and across Western Australia with survivorship applications, helping clients prepare the required documents and lodge the application with Landgate where applicable.
A survivorship application is commonly used where property is held as joint tenants. This is different from ownership as tenants in common. With joint tenancy, the surviving joint tenant may apply to be registered as the remaining proprietor by survivorship after the death of the other joint tenant.
Updating the title is an important step. If the deceased person’s name remains on the title, future property transactions such as a sale, refinance, transfer or estate-related arrangement may be delayed or unable to proceed until the title has been corrected.
How H2 Conveyancing Can Assist
H2 Conveyancing can assist with the conveyancing and title-related steps involved in a survivorship application.
Our team can help by reviewing the Certificate of Title, confirming how the property is owned, identifying the required supporting documents, preparing survivorship application documents, arranging verification of identity, preparing or coordinating statutory declaration requirements, and lodging the application with Landgate where applicable.
If the property is affected by a mortgage, caveat, deceased estate issue, name discrepancy or multiple deceased owners, additional steps may be required. Our team can help identify potential issues early and guide clients through the next steps.
Where the survivorship application is connected to a property sale, refinance, family arrangement or broader estate matter, we can also assist with coordinating the relevant conveyancing processes to help ensure the matter progresses smoothly and in the correct order.
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Survivorship Application vs Transmission Application
A survivorship application is generally used when property is owned as joint tenants and one owner passes away. In these circumstances, the surviving joint tenant may apply to have the title updated to reflect the change in ownership.
A transmission application is generally used when a deceased person’s interest in property forms part of their estate and needs to be transferred to an executor, administrator or personal representative before any further dealings can occur.
Understanding the difference between these processes is important. If the property was owned as tenants in common rather than joint tenants, a survivorship application may not be appropriate. Instead, the deceased owner’s share will usually need to be dealt with through the estate administration process.
If you are unsure how the property is owned, H2 Conveyancing can review the title and explain which process may be applicable to your circumstances.
Get In TouchCommon Survivorship Application Situations
H2 Conveyancing can assist with survivorship applications in a range of circumstances, including:
- A spouse or de facto partner has passed away
- A parent, sibling or family member has passed away
- A joint tenant needs to be removed from the title following their death
- The surviving owner wants to sell the property
- The surviving owner wants to refinance the property
- The title needs to be updated for estate planning purposes
- The property title needs to be corrected before a future transaction
- The matter involves a mortgage, caveat, name discrepancy or related estate issue
Each matter is different. Some survivorship applications are straightforward, while others require careful document preparation and coordination with banks, lawyers, executors or family members.
Why Choose H2 Conveyancing for Survivorship Applications
At H2 Conveyancing, we understand that survivorship applications often arise during an emotional and difficult time. Our team aims to make the title update process as clear, manageable and stress-free as possible.
We focus on careful document preparation, clear communication and practical guidance. We help clients understand what documents are required, what steps need to be completed, and how the application process works.
When you choose H2 Conveyancing, you benefit from:
- Experienced settlement professionals with knowledge of Western Australian title requirements
- Practical support with survivorship applications
- Clear guidance on supporting documents and process requirements
- Assistance with verification of identity and statutory declaration requirements
- Coordination with banks, lawyers, executors and other relevant parties where required
- Transparent pricing and professional, client-focused service
As part of the broader H2 Group, we can also connect clients with complementary professional services where required, including legal and migration assistance. This can be particularly valuable where the survivorship application forms part of a broader estate planning, family law, asset protection, property sale, refinancing, investment or migration-related arrangement.
Frequently Asked Questions
What is a survivorship application?
A survivorship application is an application to update a property title after a joint tenant has passed away. It allows the surviving joint tenant to be registered as the remaining proprietor of the property.
When do I need a survivorship application in Western Australia?
You may need a survivorship application if a property was owned as joint tenants and one owner has passed away. The property title generally needs to be updated to reflect the surviving owner before the property can be sold, refinanced, transferred or otherwise dealt with.
Is a survivorship application the same as probate?
No. A survivorship application is not the same as probate. It relates to updating the title where property was held as joint tenants. Probate usually relates to dealing with assets that form part of a deceased estate.
What documents are needed for a survivorship application?
Common documents may include title details, a certified death certificate, statutory declaration, identification documents and verification of identity. Additional documents may be required if there are name discrepancies, multiple deceased proprietors, a mortgage, caveat or other title issues.
What if the property was owned as tenants in common?
If the property was owned as tenants in common, a survivorship application may not be the correct process. The deceased owner’s share may need to be dealt with through the estate, often by way of a transmission application.
How long does a survivorship application take?
Timeframes can vary depending on the documents available, title details, verification requirements and whether there are any issues such as a mortgage, caveat, name discrepancy or estate-related complication. H2 Conveyancing can provide guidance once we review your circumstances.