Buying Property from a Deceased Estate

You walk into an open for inspection in Melbourne and the agent mentions, almost as an aside, "It's a deceased estate." That can be a great buying opportunity. The home might be empty, the family may want a clean sale, and settlement dates can be more flexible.

It can also be slower and a little different to a standard private sale. This 2026 guide explains how deceased estate purchases work in Victoria, what can delay them, and how to protect yourself before you sign.

What a Deceased Estate Sale Really Is

A deceased estate is the assets left behind when someone dies, including any real estate. When that property is sold, it's usually sold by the person authorised to deal with the estate:

An executor (named in the will), or
An administrator (appointed when there's no will, or no executor able to act).

In legal terms, that person is the "legal personal representative". A grant from the Supreme Court of Victoria is what proves they have authority to collect assets, pay debts, and sell or transfer property.

Start With the Title: Joint Tenants vs Tenants in Common

Deceased estate sales feel "different" largely because the title position can change what has to happen before settlement.

Joint Tenants

If the owners were joint tenants, the surviving owner generally becomes the sole owner by survivorship. In that case, the survivor uses an "Application by Surviving Proprietor" to update the title.

Sole Owner or Tenants in Common

If the deceased was the sole registered owner, or owned a share as a tenant in common, the executor or administrator usually lodges an "Application by legal personal representative".

For buyers, the practical point is simple: sole owner and tenants in common situations commonly depend on probate or administration being granted before the title can be transferred.

Probate and Administration: Why Timing Can Stretch

Not Every Estate Needs a Grant

The Court explains that not every estate needs a grant, and the type of grant depends on the circumstances.

In practice, if the property is in the deceased's sole name, a grant is often required before it can be dealt with through the land registry.

There Is a Mandatory Notice Period

In Victoria, the notice of intention to apply must be advertised online, and you must allow at least 15 days after publishing before the application is filed.

Since November 2024, advertising is handled through RedCrest Probate.

Grants Are Issued Electronically

Land registry guidance notes that grants of probate and letters of administration are issued in electronic form only (a change that started on 1 July 2020).

Fees Can Affect Momentum

Probate Office fees change over time, and the Supreme Court publishes fee lists for each financial year.

Buyer takeaway: Build in breathing room. If the grant is not already in place, your contract should deal with that upfront.

The Contract Is Familiar, but Deceased Estate Disclosures Need Care

Even if the seller is "The Executors of the Estate of …", Victoria's normal conveyancing rules still apply.

Section 32 (Vendor Statement) Must Be Given Before You Sign

A seller must provide a Section 32 statement before the buyer signs the contract.

This is the vendor's disclosure document, setting out key information about the property's title and matters like easements, rates and planning.

In deceased estate sales, it's common for answers to be limited because the executors did not live there. You may see more "not known" responses than usual. That's a cue to do thorough checks, not a reason to panic.

Apartments and Townhouses: Check the Owners Corporation Paperwork

If you're buying a unit, apartment or townhouse with an owners corporation, your Section 32 should include the owners corporation certificate and supporting documents. Consumer Affairs Victoria also notes that Section 32s are sometimes prepared well before the sale, so it's sensible to check whether certificates are current or whether updated documents are needed before settlement.

The Due Diligence Checklist Should Be Available

Consumer Affairs Victoria notes that the due diligence checklist must be made available to prospective buyers, including at inspections and online.

Cooling Off Is Usually Available in Private Sales, With Clear Exceptions

For private sales of residential and small rural property, there's a three clear business day cooling off period, starting from when you sign.

If you cool off, you receive your money back less $100 or 0.2% of the purchase price, whichever is greater.

Cooling off does not apply in several common situations, including sales at auction (or within three clear business days either side of a public auction).

Making an Offer: Keep It Clear, Keep It Practical

A deceased estate negotiation often feels more "committee led" than emotional. Decisions might be shared across multiple executors or beneficiaries, and responses can be slower. A tidy, easy to accept offer helps.

Be clear on conditions: finance, building and pest, and any other due diligence you need.
Match your settlement to the estate's reality: if probate is not granted, pushing for a short settlement can backfire.
Be specific about inclusions: if you want the dishwasher, the garden shed, or even the antique light fitting, put it in writing.

Consumer Affairs Victoria explains that a property is sold once both buyer and seller have signed the contract, and all parties should receive a copy.

So until it's signed by both sides, keep your own plans flexible.

Deposits: Where Your Money Goes and When It Can Be Released

Deposits in Victoria can be paid in full or as a part payment with the balance due later, depending on what's written in the contract.

If an agent is involved, the deposit must generally be held in a trust account until settlement, or transferred to a legal practitioner or conveyancer's trust account.

Sometimes an executor will ask for an early release of the deposit to help cover estate costs. Consumer Affairs Victoria notes that deposit release requires the contract to be unconditional, that you must be satisfied with proof of debts information, and that the deposit cannot be released until 28 days after the contract was signed.

This is an area where proper advice matters, because it changes your risk profile if the sale later falls over.

Deceased Estate Contract Conditions to Watch Closely

Deceased estate contracts often include special conditions that can shift risk onto the buyer. These are worth slowing down for.

"Subject to Grant of Probate or Letters of Administration"

This clause acknowledges the estate may not be able to complete settlement until the grant is issued and the title can be dealt with. Done well, it can protect both sides.

As a buyer, you want it to cover:

What happens if the grant is delayed or refused, and
A realistic time frame, not an open ended promise.

Longer Settlement, or Flexible Settlement

Many estates prefer a longer settlement to allow time for clearing the home and finalising administration. That can suit buyers too, as long as you're not relying on a fixed move in date.

Limited Warranties

Executors may limit what they warrant about the property, because they simply don't know. Your building inspection and contract review matter more when warranties are narrow.

The Real Life Risks and How to Handle Them

Delay Risk: The Grant Isn't Ready

This is the number one issue. Even where everyone is acting in good faith, the Court process takes time, and the 15 day minimum after advertising is only one part of the sequence.

Manage it: Ask the grant status early and make sure the contract matches the reality.

Dispute Risk: Family Provision Claims

Estate disputes can slow things down. In Victoria, a family provision application must be made within 6 months after the grant of probate or letters of administration (subject to limited extensions).

Manage it: You can't control the dispute, but you can control your contract terms and your expectations on timing.

Property Condition Risk: The Home Has Been Vacant

Vacant homes can pick up problems fast: leaks, mould, or a garden that's out of control.

Manage it: Arrange a building and pest inspection and, if possible, a second walk through closer to settlement.

"What Stays" Risk: Goods and Chattels

Estate sales sometimes involve leftover furniture or items the family can't (or won't) remove. The contract should clearly state what's included. Consumer Affairs Victoria warns that if items are not listed in the contract, it can be difficult to claim ownership at settlement.

Settlement and Title Transfer: What Needs to Happen

A deceased estate settlement usually looks normal from the buyer's side, but extra steps happen in the background.

Land Use Victoria guidance explains that the "Application by legal personal representative" is used by executors or administrators of a deceased sole proprietor or tenant in common, and that joint tenants instead use the surviving proprietor process.

If there's a mortgage, it generally needs to be discharged at settlement like any other sale.

Rates and water are adjusted in the usual way.

A Note on Duty

Buyers pay duty in the normal way when purchasing a property. Where duty rules get interesting is when property is transferred to beneficiaries under a will or on intestacy, because exemptions can apply to those transfers. State Revenue Office Victoria explains that a transfer under a will or codicil may be exempt under section 42 of the Duties Act 2000, depending on the circumstances.

That exemption is usually relevant to beneficiaries, not an open market buyer, but it can influence how an estate chooses to handle title.

A Quick Checklist Before You Sign

Who is selling: executor, administrator, or surviving joint tenant?
What is the grant status: advertised, lodged, granted?
Have you received the Section 32 before signing?
Are any special conditions shifting risk onto you (especially about the grant)?
What is included in the sale, in writing?
Do you understand your cooling off position, especially if an auction is involved?

FAQs

Can I Sign a Contract Before Probate Is Granted?

Often, yes. But settlement may not be possible until the legal personal representative has authority to deal with the property. That's why "subject to grant" conditions are common in deceased estate contracts.

Are Deceased Estate Homes Sold "As Is"?

Many are. Executors often limit warranties because they weren't living in the property. Treat inspections and your contract review as non negotiable steps.

Is Buying at Auction Different?

Yes. If you buy at auction (or within the exclusion window around an advertised auction), cooling off does not apply, and the contract becomes binding on the spot.

Get the Section 32 Reviewed Before You Commit

Buying from a deceased estate can be a genuinely good option, especially if you're comfortable with a home that needs a bit of attention. The key is knowing where delays and hidden risks sit: probate timing, title formalities, and special conditions buried in the contract.

If you're thinking about a deceased estate purchase, get the paperwork checked before you sign. Pearson Chambers Conveyancing offers a free Section 32 contract review.

This article is general information, not legal advice.