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Executor’s guide · Deceased estate
Selling a deceased estate in Canberra
A step-by-step guide for executors and families: who can sign, probate, the reports, tax and timing. Tick it off as you go, print it, or book a 15-minute call.
Open the guideThe short answers
Four things
most families ask first
Executors can sign with an agent, list the home and exchange contracts before the grant. Settlement waits for probate.
The ACT requires the contract, a building report, a pest report and an energy rating before buyers can make offers.[7]
Settle within 2 years of the death and the family home is usually exempt from capital gains tax.[10]
The former home is exempt from land tax for up to 2 years after the death, unless it is rented.[5]
The guide
Every step,
in order
Take it one step at a time. Most families need a few weeks before they are ready to think about the house, and that is normal. Numbers in brackets link to the sources at the end of the page.
01The first weeks
02Authority to sell: probate
03The home and what is in it
04The reports and the contract (ACT law)
05The price and the sale
06Exchange to settlement
07Tax: capital gains and the 2-year rule
An example timeline
A straightforward
Canberra estate
An example only, for an estate with a will, one executor and a house owned in the deceased’s name. A missing will, a dispute, joint executors who disagree or a tenant can add months.
| When | What happens |
|---|---|
| Week 0 | The passingTake the time you need. Nothing about the home has to happen this week. |
| Weeks 1 to 4 | The first stepsFind the will, choose a solicitor, secure and insure the home, check the title. |
| Weeks 3 to 6 | Probate noticeThe notice is published. The application is filed at least 14 days later. |
| Weeks 4 to 8 | Getting readyClear out in stages. Appraisal, agency agreement, building, pest and energy reports, the contract. |
| Weeks 8 to 12 | On the marketListed with the reports in place. Offers worked, contracts exchanged with a settlement date after the expected grant. |
| Weeks 8 to 16 | The grantProbate is granted. Your solicitor confirms the settlement date. |
| Weeks 14 to 20 | SettlementThe sale completes. The money goes to the solicitor’s trust account or the estate account. |
| Months 5 to 9 | Finishing the estateDebts and tax are paid, and the beneficiaries are paid. |
If the home is in NSW
Queanbeyan, Jerrabomberra and the coast
Agent Team sells in NSW too, and Steve is licensed there. The steps are much the same, with a few differences. Probate comes from the Supreme Court of NSW. The notice is published on the NSW Online Registry at least 14 days before the application is filed.[14]
NSW has its own contract rules, and building and pest reports are not compulsory for the seller. Land tax, duty and the rules for tenants also differ. Your NSW solicitor will guide you, and the tax rules above apply in every state.
How Agent Team helps
We carry the load,
gently
- One agent, start to finishThe same person from the first call to settlement, for every executor.
- Clear-outs arrangedCharities, clearance services, removalists and cleaners, at the family’s pace.
- Trades and preparation managedSteve came to real estate from the building trade. We advise what to fix and what to leave, then quote, book and manage the work. Funding is available until settlement.
- Every beneficiary kept up to dateWeekly written updates to every executor and beneficiary you nominate, so nobody hears it second-hand.
- Timed around the grantWe work with your solicitor so the reports, the listing and the settlement date fit the probate timing.
- Agreements prepared by handWe prepare the executor agency agreement ourselves, check who must sign it, and walk you through it. Nothing is signed online without a conversation first.
FAQ
Questions families
ask us
Can we sell before probate is granted?
Yes, in most cases. The executors can sign with an agent, list the home and exchange contracts before the grant. Your solicitor adds a special condition, and settlement happens after probate is granted.
The home was owned jointly. Do we need probate to sell it?
If it was owned as joint tenants, the home passes to the surviving owner and is not part of the estate. The survivor lodges a Notice of Death with Land Titles and can then sell. If it was owned as tenants in common, the deceased’s share goes through the estate.
Does the estate pay capital gains tax when it sells the home?
Usually not, if the sale settles within 2 years of the death and the home was the deceased’s main home and not earning income. Different rules apply after 2 years. Check your estate with an accountant.
A family member wants to buy the house. Is that allowed?
Often, yes. A transfer that follows the will is exempt from duty in the ACT, and duty is paid only on any extra share bought. Get an independent appraisal so everyone agrees the price is fair. If an executor is buying, get legal advice first.
There is a tenant in the house. What happens?
The lease continues and the rent goes to the estate. A fixed-term lease runs to its end. A periodic lease can be ended for a sale with 8 weeks’ notice and proof of the sale. Many investors are happy to buy with a tenant in place.
Do we have to clear everything out before we sell?
No. Buyers need to see the rooms, so most families clear out in stages. Fixtures stay with the home. We can arrange charities, clearance services and cleaners when you are ready.
How long does it all take?
For a straightforward ACT estate, often 4 to 6 months from the passing to settlement. A missing will, a dispute or a complex estate can add months.
Sources, as at November 2026
General information only, not legal or tax advice. Every estate is different. Talk to your solicitor and your accountant before you act. Rules change, so check the sources below for the current position.
- ACT Supreme Court: Wills and probate
- ACT Law Handbook: Obtaining a grant of representation (Court Procedures Rules r 3006, 14-day notice)
- Public Trustee and Guardian ACT: Estates
- Access Canberra Land Titles: guidance notes (forms 015-ND notice of death, 032-TA transmission application)
- ACT Revenue Office: Land tax exemptions (deceased owner’s home)
- ACT Revenue Office: Deceased estate transfers (duty)
- Civil Law (Sale of Residential Property) Act 2003 (ACT), republication 32, effective 1 November 2025, ss 9, 10, 18, 22, 23
- Agents Act 2003 (ACT), republication 45, effective 6 December 2025, s 100
- ACT Government: Ending a tenancy for landlords
- ATO: Inherited property and CGT
- ATO: Extensions to the 2-year ownership period
- ATO: Foreign resident capital gains withholding overview
- ATO: Clearance certificate application for Australian residents
- Supreme Court of NSW: Notice of intended probate application
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