Property & conveyancing
What Happens to Jointly Owned Property After an Owner Dies in WA?
The title determines the pathway. A deceased joint tenant’s interest passes through survivorship to the surviving joint tenant or tenants, who apply to update Landgate’s register. A deceased tenant in common’s defined share is dealt with through their estate, generally requiring an executor or administrator and a transmission process.
Key points
- Obtain a current title search; do not rely on family assumptions.
- Joint tenancy and tenancy in common have different death consequences.
- The register must still be updated after survivorship.
- Evidence of death, statutory declaration and identity verification are commonly required.
- Mortgages, caveats and name discrepancies need review.
Joint tenants
Landgate states that the survivor’s interest enlarges on death, but the legal estate shown on the register does not change until a survivorship application is made. All surviving joint tenants must sign. Evidence commonly includes proof of death, a statutory declaration and verification of identity.
Tenants in common
The deceased’s share generally passes under a valid will or the Administration Act 1903 (WA). A grant of probate or administration may be needed before the personal representative can transmit, sell or transfer the share.
What if both joint tenants have died?
The order of death and whether a prior survivorship was registered affect the documents. Landgate has a separate paper process where the personal representative of the last survivor must first deal with survivorship and then transmission. Simultaneous-death issues require particular advice.
Hypothetical example
Spouses held as joint tenants and one dies. The will does not itself transfer that joint interest; the survivor usually updates title by survivorship. If they held as tenants in common, the deceased’s share follows the estate pathway.
Prepare the title update
Book a survivorship or estate-property consultation.
Sources checked
First drafted: 21 July 2026. General information only.