Losing someone you love is hard enough. When a property is left behind, the practical questions start quickly, often before the grief has had time to settle.
Here is what you need to know about selling a deceased estate in NSW.
1. Confirm Who Has Legal Authority to Sell
Before the property can be sold, someone must have legal authority to act on behalf of the estate. In NSW, this is the executor named in the will. If there is no will, an administrator is appointed by the Supreme Court through letters of administration.
No sale can proceed until this authority is confirmed. The title search will show who needs to sign the transfer documents.
2. Get Probate if Required
For most deceased estates involving real property, the executor will need to obtain probate from the NSW Supreme Court. This confirms the will is valid and grants authority to deal with estate assets.
Probate typically takes 4 to 8 weeks depending on the complexity of the estate. A solicitor familiar with estate law can guide you through the process. Do not let anyone rush you into listing before this is resolved.
3. Appoint a Single Point of Contact Agent
Multiple beneficiaries often have different views on price, timing, and presentation. Agree on an agent before the campaign starts and designate one executor or family member as the primary contact. An experienced agent can manage these dynamics sensitively, but clear decision-making authority upfront prevents delays.
4. Decide on Presentation vs As-Is
The estate may not need extensive work before sale. A professional clean, clearance of personal belongings, and basic garden maintenance can lift a property's presentation significantly without major expenditure.
In some cases, selling with full contents in place can help buyers see the character of a home. Your agent will advise based on the specific property and the likely buyer demographic.
5. Understand the Tax Implications
Deceased estates in NSW have specific CGT rules. If the property was the deceased's main residence and is sold within two years of the date of death, the estate may be exempt from capital gains tax. Beyond two years, standard CGT rules apply.
Confirm the tax position with an accountant before settlement so the beneficiaries know exactly what proceeds they will receive.
We handle deceased estate sales with discretion and without pressure. Book a confidential appraisal when you are ready to take the next step.