Application to Register Death by Survivor (A2)

Section 188 of the Real Property Act 1886 (SA) provides that when a joint proprietor of land dies, the Registrar-General, on application by the person entitled and proof of the death, records it in the Register Book, and the survivor becomes the registered proprietor as if the interest had been transferred to them. Form A2 is that application. It is only for land held as joint tenants (the form refers to the 'deceased joint tenant'). Land Services SA's guidance notes say that if there is more than one survivor, only one needs to apply, and that the executor or administrator of a survivor who has since died may apply in that capacity.

When you need it

• A registered proprietor who held land as a joint tenant has died and you are a surviving joint tenant.
• The interest is freehold or Crown leasehold (prefix AD), or a subsidiary interest such as a lease or mortgage held jointly (prefix AD2).
• You are the executor or administrator of a surviving joint tenant who died before the application was made.

1. 1

   Land description

   Describe the land, for example 'Whole of the land in CT Volume ... Folio ...' or the Crown lease.

2. 2

   Estate and interest

   Insert 'FEE SIMPLE', 'CROWN LESSEE', or for a subsidiary interest 'MORTGAGEE under Mortgage No ...' or 'LESSEE under Lease No ...'. If the joint tenants held less than the whole, state the share, for example 'FEE SIMPLE in 1/2 share'.

3. 3

   Deceased joint tenant and date of death

   At (a) insert the deceased's full name as it appears on the death certificate or probate, and at (b) the name as it appears on the title, mortgage or lease, so the two are tied up. Insert the date of death.

4. 4

   Applicant

   Give the surviving joint tenant's full name and current address, and any capacity such as executor. If the applicant's name has changed, tie it up to the registered name; note the title will not be updated with the new name unless a change of name application is also lodged.

5. 5

   Certification

   Complete the certification and delete what does not apply. Self-represented applicants make only the certifications about retaining evidence and the document being correct and compliant. An attorney or body corporate cannot certify.

• Applications to register death by survivor are on the Registrar-General's mandated electronic lodgement list (from 3 August 2020), lodged by practitioners through an Electronic Lodgement Network Operator. A paper channel remains for self-represented parties.
• Include a copy of the death certificate, as Land Services SA's self-represented checklist requires.
• Meet verification of identity (certified copies of ID, with both sides of a driver licence), the self-represented authorised person certification, and verification of authority (two documents such as council rates and an SA Water account).
• A registration fee applies; the checklist sets out the current amount and accepted payment methods.

• Check the title first. If the deceased held as a tenant in common rather than a joint tenant, section 188 and Form A2 do not apply.
• Make sure the names in panels (a) and (b) can be matched to each other. A mismatch between the death certificate name and the registered name is a common reason for requisitions.
• Land Services SA strongly advises using a conveyancer or solicitor, and it cannot give legal advice.