Buying a Deceased Estate in Melbourne

By Pearson Chambers Conveyancing.
Published April 30th 2026

We get asked about deceased estate purchases most often when a buyer finds a solid older home, then spots the words ‘executor sale’ in the listing. These homes can be excellent buys, but the paperwork deserves a closer look before you sign.

The short answer: In Victoria, a deceased estate property usually cannot settle until the Supreme Court of Victoria has issued a Grant of Probate or Letters of Administration, giving the legal personal representative power to deal with the property. Estate contracts often include a ‘subject to grant of probate’ special condition, longer settlement periods such as 60, 90 or 120 days, and Section 32 paperwork showing who has authority to sell.

What is a deceased estate property sale in Victoria?

A deceased estate sale is a property sale where the registered owner has died and the estate is selling the home. The person handling the sale is usually the executor or administrator, also called the legal personal representative.

If there is a valid will, the executor named in the will usually applies for probate. If there is no valid will, or the executor cannot act, the Court may appoint an administrator. Either way, the buyer needs to know that the person signing the contract has authority to do so.

In Melbourne, these sales often involve long-held family homes: a brick veneer in the middle ring, a weatherboard in the inner north, or a terrace that has not changed hands for decades. They can attract strong buyer interest because they are often well located, less styled and ready for renovation.

The trade-off is timing. The property may be marketed before probate is granted, which means the contract has to work around the estate process.

Can an executor sell before probate is granted?

An executor can usually market the property and sign a contract before probate is granted, but settlement cannot safely happen until the grant is issued and the title transfer steps are ready. That is why the contract should make the probate position clear.

A proper estate contract should tell you:

whether the grant has already issued
who the executor or administrator is
whether the grant application has been filed
when settlement is expected to occur
what happens if the grant is delayed

The risk for buyers is not that estate sales are unusual. They are common. The risk is signing a contract that says too little about what happens if probate takes longer than expected.

How long does probate take in Victoria?

A straightforward Victorian probate application can still take weeks, and estate sale contracts should be drafted with that in mind. The executor must advertise an intention to apply online at least 15 days before filing the application, then lodge the required documents with the Supreme Court of Victoria.

Some grants are issued fairly quickly once the Court has the paperwork. Others take longer if the Probate Office asks for more information, the will needs extra evidence, or there are questions about assets, names or family details.

For buyers, the practical point is simple: do not treat the agent’s estimated settlement timing as guaranteed. If you are renting, giving notice, arranging finance or booking removalists, build in breathing room.

What should the Section 32 show for a deceased estate?

The Section 32 vendor statement should show the vendor’s right to sell and attach the documents needed to support that right. On a normal sale, the title search often does most of this work. On a deceased estate sale, the title may still show the deceased owner’s name, so the estate authority matters.

If probate or administration has already been granted, the Section 32 should include a copy of the grant. If the grant has not issued yet, the paperwork should at least make the pending position clear so the buyer knows settlement depends on the estate process.

A missing or unclear grant can be a serious issue. If a Section 32 is defective, section 32K of the Sale of Land Act may give a buyer a right to rescind the contract before settlement and recover the deposit, depending on the facts.

There is also a knowledge gap to watch. The executor may not have lived in the property for years, so they may know less about old renovations, leaks, disputes, notices or informal arrangements with neighbours. That does not remove disclosure duties around material facts, but it does mean buyers should do their own checks carefully.

What should a ‘subject to grant of probate’ clause include?

The ‘subject to grant of probate’ clause should set out exactly what happens if the grant is delayed. A vague clause can leave a buyer stuck, unable to settle but also unsure whether they can walk away.

A buyer-friendly clause should usually cover:

The condition: settlement depends on the grant being issued to the named executor or administrator.
The long-stop date: a final date after which the contract can be ended if the grant has not issued.
Deposit handling: confirmation that the deposit is refunded if the contract ends under the clause.
Notice: how the vendor tells the buyer that the grant has issued.
Settlement timing: a minimum period after the grant so the buyer is not rushed.

We’ve seen this come up when an estate contract says only ‘subject to probate’ and nothing more. That might sound harmless at the auction table, but it can become stressful if the grant is delayed and the buyer has already arranged finance, movers and rental notice.

How does title transfer work at settlement?

A deceased estate settlement often involves an extra title step before the property can transfer to the buyer. The property may still be registered in the deceased owner’s name, so the executor’s side must deal with the title before the buyer receives it.

The usual path is:

The executor or administrator obtains the grant.
A Transmission Application is lodged so the legal personal representative can be recorded on title.
The transfer to the buyer is lodged through the electronic settlement system.

This extra step is not a reason to avoid the purchase. It just means your conveyancer needs to watch timing closely and keep pressure on the vendor’s side so the settlement does not drift.

Do first home buyer duty rules change for deceased estates?

First home buyer duty rules do not change just because the vendor is an estate. If you buy the property on the open market, you are treated like any other buyer for Victorian land transfer duty.

That means eligible first home buyers may still receive:

a full duty exemption for a home with a dutiable value up to $600,000
a reduced duty amount for a home with a dutiable value from $600,001 to $750,000

You still need to meet the usual eligibility rules, including living in the home as your principal place of residence for the required period.

A separate deceased estate duty exemption can apply where property passes to a beneficiary under a will or intestacy. That is different from buying the property from the estate. If you are not inheriting the property and are paying market value under a contract, normal duty rules apply.

What happens to furniture, rubbish and personal items?

Fixtures usually stay with the property, while movable items do not pass to the buyer unless listed in the contract. This matters more with deceased estates because homes are not always fully cleared before sale.

Ask before signing whether the property will be empty at settlement. A house may look tidy at inspection, then still contain furniture, garden tools, boxes in the shed or old appliances in the garage. If the contract does not deal with those items clearly, you may be left organising removal after settlement.

The kinder and cheaper path is to raise it early. Ask whether chattels are included, excluded or being removed, and make sure the contract matches the answer.

What should Melbourne buyers check before signing?

Before signing a deceased estate contract, check the estate authority, the special conditions and the practical state of the property. These are the points most likely to cause stress later.

A buyer should ask:

Has probate or administration already been granted?
If not, has the application been filed?
Does the contract have a clear long-stop date?
Does the Section 32 attach the right estate documents?
Is the property insured while vacant?
Will the property be cleared before settlement?
Are building, pest and council checks needed before auction?

In our practice, the trickiest matters are rarely dramatic. They are usually small timing problems that stack up: probate runs late, the property is vacant, the buyer’s finance approval expires, and no one has confirmed who is clearing the garage.

Frequently asked questions

What is a deceased estate property sale in Victoria?

A deceased estate property sale is a sale where the registered owner has died and the executor or administrator is selling the property for the estate. The estate usually needs a Grant of Probate or Letters of Administration before the title can be dealt with at settlement. Buyers should expect extra checks around authority, timing and special conditions.

Can I buy a deceased estate before probate is granted?

Yes, you can sign a contract before probate is granted, but settlement usually cannot occur until the grant has issued and the title steps are ready. The contract should include a ‘subject to grant of probate’ condition with a long-stop date and a deposit refund process. Without that wording, delays can become harder to manage.

How long does probate take in Victoria?

Probate timing varies, but buyers should allow for several weeks at least, and longer if the estate is not simple. The executor must advertise an intention to apply at least 15 days before filing the application. If the Court asks for more information, the grant can take longer than the agent first expected.

Do first home buyers pay stamp duty when buying a deceased estate?

First home buyers pay duty under the same rules that apply to other open-market purchases. Eligible buyers may receive a full duty exemption up to $600,000 and a concession from $600,001 to $750,000. The deceased estate exemption is different and generally relates to beneficiaries receiving property from the estate.

What is an Application by Legal Personal Representative?

An Application by Legal Personal Representative, often called a Transmission Application, is the title step that moves the property from the deceased owner’s name into the name of the executor or administrator. It is part of the settlement process for many deceased estate sales. The transfer to the buyer then follows once the estate title step is ready.

What happens if the grant is delayed past settlement?

If the grant is delayed, the contract wording decides what happens next. A clear special condition may allow an extension or termination after a long-stop date, with the deposit refunded. A vague condition can leave the buyer in a difficult position, so it should be reviewed before signing.

Are deceased estate homes cheaper than other homes?

Some deceased estate homes sell for less because they need work, are not styled, or the executor wants a clean sale. Others attract strong competition because they are in tightly held Melbourne suburbs with good land, transport and renovation appeal. Price depends on the property, the market and the contract risk.

About the Pearson Chambers Conveyancing team

Pearson Chambers Conveyancing is a Melbourne-focused conveyancing team that works with first home buyers, sellers and property owners across Victoria. We review contracts and Section 32 statements daily, including estate sales where probate timing, grant documents and settlement steps need extra care. This topic connects directly to what our team handles day to day: helping buyers understand the paperwork before they commit.

Sources we consulted

Need help before you sign an estate contract?

If you are looking at a deceased estate property in Melbourne, send the contract and Section 32 to Pearson Chambers Conveyancing before you sign. We offer a complimentary Section 32 contract review and can help you spot probate timing issues, missing grant documents and special condition problems early.

Email: contact@pearsonchambers.com.au

General information only, current as at the date of publication. Victorian conveyancing rules and legislation change frequently. Please contact the Pearson Chambers Conveyancing team for advice on your specific contract.