Transmission application (Grant in Queensland or Queensland Recognised Grant) (Form 5)

A person may apply to the Registrar to be registered as personal representative of a registered proprietor who has died; the Registrar may do so if the person has obtained a grant of representation in Queensland or the resealing in Queensland of a grant (Land Title Act 1994 (Qld) s 111(2)(a)); a limited alternative applies to some small intestate estates (s 111(2)(b)). Form 5 is the application for that case, and it also covers a 'Queensland recognised grant': a grant of probate or letters of administration from another Australian state or territory, New Zealand or the United Kingdom within the meaning of the British Probates Act 1898 (as noted on the form). Where there is no Queensland or recognised grant, Form 5A is used. Form 5 is for a sole owner or a tenant in common; the death of a joint tenant is recorded with Form 4, and a beneficiary who wants to be registered directly uses Form 6 (Land Title Practice Manual (LTPM) [5-2000]).

When you need it

• The deceased was the sole registered owner, or a tenant in common, of a Queensland lot or interest (lease, mortgage, State lease or water allocation).
• Probate, letters of administration, an order or election to administer, or a reseal has been granted in Queensland, or there is a recognised grant from another Australian state or territory, New Zealand or the UK.
• The executor or administrator wants the title recorded in their name as personal representative, before selling or transferring the property to beneficiaries.
• Not for a joint tenancy (use Form 4), and not where there is no grant (use Form 5A).

1. 1

   Lodger panel and Item 1: deceased's name

   Complete the lodger details. In Item 1 insert the deceased's name as recorded on the title. Where a personal representative is already recorded and a new one has been appointed, use the expanded wording in LTPM [5-4010].

2. 2

   Items 2 and 3: land and interest

   Insert each lot on plan description and title reference (use a Form 20 Enlarged Panel if needed). In Item 3 insert the interest, such as 'Fee Simple' or 'Lease No. [number]', and where the deceased held only a share, the fraction, for example '1/2 interest in Fee Simple'.

3. 3

   Item 4: applicant

   Insert the full name of the applicant, matching the person named in the grant (or on the face of a Queensland reseal), with the ACN for a trustee company, and a postal address for service of notices such as rates.

4. 4

   Item 5: documents deposited

   Identify the grant being relied on (probate, letters of administration, order or election to administer, reseal, or a recognised grant) and rule through the categories that do not apply. If the deceased's name in the grant differs from the title, a statutory declaration that they are the same person is needed (LTPM [5-4080]).

5. 5

   Item 6: request, declaration and signing

   If relying on a recognised grant that has not been resealed in Queensland, insert the date of the Queensland court file search showing no grant, reseal application or caveat in Queensland; otherwise leave it blank. The applicant signs before a Schedule 1 witness (such as a JP, commissioner for declarations or lawyer), or the applicant's solicitor signs, prints their full name, and no witness is needed (LTPM [5-4060]).

• Deposit the grant relied on: the original or a Supreme Court office copy of probate, a reseal, letters of administration, or the other documents listed in LTPM [5-4090], plus any name declarations. Follow the deposit rules in LTPM [60-1030].
• Self-represented applicants can lodge Form 5 online through the Titles Electronic Drop Box (TED) ('Transmission by Death (Grant Issued)') or by post to Titles Queensland, GPO Box 1401, Brisbane Qld 4001.
• For industry professionals, a Form 5 is a required instrument under the eConveyancing mandate and must be lodged through an electronic lodgment network unless an exemption applies (for example a part-title dealing, or a death before 1 January 1982). In eConveyancing the grant is not provided; the subscriber enters its particulars and keeps a copy (LTPM [5-4090]).
• A lodgement fee applies; check the current amount with the Titles Queensland fee calculator.

• Run the Queensland court file search immediately before signing a Form 5 based on an unresealed recognised grant, and lodge promptly afterwards (LTPM [5-4060]).
• Make sure the applicant's name in Item 4 matches the grant exactly. With a Queensland reseal, the applicant must be the person named on the face of the reseal.
• A separate application is needed for each different interest being transmitted (LTPM [5-4020]).