Quick Answer
When buying a deceased estate in WA, order a current title search to verify the executor's legal authority, check for unresolved caveats, and identify local risks like green title boundary issues or mining interests before making an offer.
Why Deceased Estates Carry Specific Risks
Deceased estate transactions in Western Australia can hide complexities not found in standard sales. The property may have been held by the same owner for decades, meaning outdated encumbrances, unresolved family disputes, or neglected land use restrictions might apply. Running a title search Western Australia is the standard method to verify exactly who can sell the property and what encumbrances remain attached to the land.
Buyers and conveyancers must look beyond the standard mortgage discharge. In WA, you need to confirm the executor's authority, check for dormant caveats, and understand the specific tenure type—whether it is a green title, survey-strata, or a rural holding with overlapping mining interests.
Deceased Estate Title Search Checklist for WA
- Verify Executor or Administrator Authority: The title must show a Transmission Application or Probate dealing. If the registered proprietor is still the deceased person, the seller cannot legally transfer the property. Order the relevant dealing to confirm the executor’s appointment. If probate is still pending, the contract is conditional on it being granted.
- Identify Unresolved Caveats: Family disputes over wills often result in caveats being lodged against the property. A caveat prevents any dealing, including transfer. You must ensure any caveats are withdrawn before or at settlement. Check whether the caveat was lodged by a family member contesting the will or a creditor.
- Check Green Title Boundaries: Many older WA deceased estates are green title (freehold). Verify the boundaries match the fencing. If there are discrepancies, order the deposited plan to check for easements or boundary realignments. Green titles can sometimes have implied easements for services that are not explicitly written on the register.
- Review Survey-Strata Details: If the property is a survey-strata, the title search will reference a strata plan. Order this plan to check for common property boundaries, by-laws, and whether the executor has paid outstanding strata levies. Deceased estates in strata complexes often have years of unpaid levies that the new owner might inadvertently absorb if not checked.
- Investigate Mining Interests: In WA, the Crown retains mining rights in many titles. Check the title for reservations or specific mining act references. For rural properties, order a mining interest search to confirm no active leases affect your use of the land. A deceased estate in a regional area may have historical mining activity that was never formally removed from the register.
- Confirm Encumbrance Discharge: Older titles often show historic mortgages or restrictive covenants that may still be active. Ensure the executor has the capacity to discharge any outstanding mortgages from the sale proceeds. If the deceased had reverse mortgage or equity release products, the repayment amounts can affect settlement figures.
Key Documents and When to Order Them
| Document | What It Shows | When to Order |
|---|---|---|
| Current Title Search | Registered proprietor, easements, caveats, mortgages, and tenure type (green title/survey-strata). | Before making an offer. |
| Transmission Application | Legal authority of the executor or administrator to sell. | If the title is still in the deceased's name. |
| Survey-Strata Plan | Common property, unit boundaries, and by-laws. | If the title references a survey-strata scheme. |
| Mining Interest Search | Active mining leases, prospecting licenses, or Crown reservations. | For any rural or regional WA property. |
Specific WA Risks: Green Title and Rural Properties
Green title is the most common form of freehold tenure in WA, but older green titles—often found in deceased estates—can lack the precise survey definitions of modern subdivisions. Fences may not sit on the title boundary. When conducting property due diligence WA, compare the fence lines on the ground against the deposited plan. If a fence encroaches on a neighbour's lot, you may need a boundary adjustment or an encroachment agreement.
Ordering a Current Title / State Lease search through TitleFinder costs $74.50 AUD and delivers the official property records directly. This gives you the register details and any listed encumbrances. If the deceased estate involves a strata or survey-strata property, always order the associated plan to understand the by-laws and common property obligations.
For rural WA deceased estates, always check for mining interests. The state's mining legislation can override surface rights. The title may contain a Crown reservation for mining, meaning a third party can enter the land to prospect or mine. Check the title for any mention of the Mining Act and order the relevant instrument if mining leases are listed. If you are buying a rural property, consider ordering additional searches for water rights and native title, as these are common in WA regional transactions.
Frequently Asked Questions
Can a deceased estate property be sold before probate is granted in WA?
No. The property cannot be legally transferred until probate is granted and a Transmission Application is lodged with the official property records. If the title does not show the executor as the registered proprietor, the seller cannot complete the transaction.
What happens if there is a caveat on a deceased estate title?
A caveat acts as an injunction, preventing any transfer or registration. If a caveat exists, the executor must have it withdrawn or apply to the court to have it removed. Do not proceed to settlement while an active caveat remains on the title.
How do I know if a WA property has mining rights attached?
The current title search will list any registered mining leases or Crown reservations under the encumbrances section. If the property is in a regional or rural area, order a mining interest search to check for unregistered or pending mining tenements that could affect your use of the land.
This article provides general information. Always consult a qualified conveyancer or legal professional for advice specific to your transaction.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- WA Title Search — $79.90
- WA Survey Search — $85.90
- WA Document Search — $91.80
If you are unsure, start with the current title search, then add the plan or instrument if the title points to one.
Need the title search? Use the TitleFinder product links above to order the current title, plan, instrument or state-specific property record you actually need.
