What Is a Survivorship Application in Probate? | Craigieburn Lawyers
When a loved one passes away, the legal process of managing their assets and affairs can feel overwhelming especially during an already emotional time. One of the first steps families often face is navigating what’s known as a survivorship application, particularly if the deceased owned real estate jointly with someone else.
At Craigieburn Lawyers, we frequently assist clients across Melbourne’s northern suburbs including Craigieburn, Roxburgh Park, Mickleham, and Greenvale with survivorship applications and broader probate matters. In this post, we’ll explain what a survivorship application is, when it’s needed, and how the process works.
What is a Survivorship Application?
A survivorship application is a legal process in Victoria that allows the surviving joint owner of a property to become the sole owner after the death of the other joint tenant.
When property is owned as joint tenants (not tenants in common), the legal principle of the right of survivorship applies. This means that upon the death of one joint owner, their interest in the property automatically passes to the surviving owner(s), regardless of what’s stated in the deceased’s Will.
However, this automatic transfer doesn’t happen on paper by itself you must apply to Land Use Victoria (formerly the Titles Office) to update the title and reflect the change in ownership. That application is known as a Survivorship Application.
Common Scenarios in Craigieburn and Surrounding Areas
Here in Craigieburn, we regularly assist local families with survivorship applications following the passing of a spouse or partner. For example:
A couple owns their family home in joint names. One spouse passes away. The surviving partner now needs to legally update the title to show sole ownership.
Elderly parents co-own a property. When one passes, the surviving parent may wish to transfer the title into their sole name for clarity, refinancing, or estate planning purposes.
Even though the legal principle of survivorship applies automatically, you must lodge the application to ensure the land title is updated correctly. This is especially important if the surviving owner intends to sell, refinance, or pass the property on later.
Key Terminology Explained
Joint Tenants vs Tenants in Common
Understanding how a property is owned is critical:
Joint Tenants: Ownership passes to the surviving party automatically.
Tenants in Common: The deceased’s share forms part of their estate and is dealt with through probate and their Will.
If you’re unsure how the property is owned, a title search can clarify this, and at Craigieburn Lawyers, we can assist with that.
Do I Need a Lawyer for a Survivorship Application?
While it's possible to complete a survivorship application on your own, the process can be complex especially when dealing with grief, paperwork, and legal documents. A lawyer can ensure that:
The correct documents are prepared and lodged.
The death certificate and title search meet requirements.
Any mortgagee (bank) is notified or involved if needed.
The application is processed without unnecessary delays.
If mistakes are made in the application or documents are not completed correctly, Land Use Victoria may reject the application, costing you time, money, and added stress.
That’s why many clients in Craigieburn and Melbourne’s north turn to Craigieburn Lawyers for help - we handle the legal work, so you can focus on your family.
What Documents Are Required?
To lodge a survivorship application, you typically need:
Original Death Certificate (issued by Births, Deaths and Marriages Victoria)
Current Certificate of Title (we can obtain a copy)
Survivorship Application Form (Form 03TA)
Verification of Identity documents for the surviving party
Supporting Statutory Declaration (confirming the joint tenancy and relevant facts)
In many cases, we will also prepare and lodge a Notice of Acquisition on your behalf, notifying relevant authorities of the ownership change.
How Long Does the Process Take?
Once the necessary documents are gathered, the application is lodged with Land Use Victoria electronically via PEXA (Property Exchange Australia). The title update is usually processed within 2–4 weeks, although delays can occur if documentation is incomplete or verification is delayed.
If you engage a lawyer like Craigieburn Lawyers, we streamline the process and follow up to ensure everything is finalised promptly.
What Happens After the Survivorship Application?
After the application is approved, the property title is updated to reflect the surviving owner as the sole registered proprietor. At that point, the survivor has full legal authority to:
Sell or refinance the property
Include it in their own Will or estate plan
Transfer it to a trust or other structure
It’s also a good time to consider updating your own Will, especially if you’ve recently lost a spouse or joint owner.
Survivorship Application vs Probate: What’s the Difference?
Clients often ask if they still need Probate if they’re making a survivorship application. The answer depends on the deceased's overall assets.
If all significant assets were jointly owned, Probate may not be required.
If the deceased had assets in their sole name (e.g. bank accounts, shares, superannuation with no binding nomination), then Probate or Letters of Administration will likely be needed.
At Craigieburn Lawyers, we can assess your specific situation and advise whether a survivorship application is enough—or if you need to proceed with a Grant of Probate as well.
Why Choose Craigieburn Lawyers?
As a local suburban firm, we pride ourselves on providing accessible, clear, and compassionate legal advice to families in Craigieburn and surrounding areas. We understand the practical challenges of managing an estate after a loved one’s death, and we’re here to make the process easier.
We offer:
Fixed fees for most probate and estate services
Fast turnaround on applications
Clear communication and support at every stage
Our clients often tell us how relieved they feel once the paperwork is off their plate and in the hands of professionals.
Need Help With a Survivorship Application?
If you need help transferring property after a loved one’s passing, or you’re unsure whether you need a survivorship application or probate, we’re here to help.
Contact Craigieburn Lawyers today for a confidential consultation.
Final Thoughts
Survivorship applications are an essential part of managing a deceased estate when property is jointly owned. While it may seem straightforward, the process can quickly become confusing without legal guidance.
At Craigieburn Lawyers, we’re here to ensure it’s done properly giving you peace of mind and helping you move forward.