Transfer a vessel registration due to the death of the registered operator

Introduction

If you need to transfer a vessel registration to another person because the vessel owner is deceased, you can do this at a service centre.

What you need

• your proof of identity
• the PDF form – 'Application for Transfer of Vessel Registration'
• one of the following:
  • the death certificate (original or copy)
  • a newspaper death notice
  • online newspaper notification (the live link)
  • a letter from a solicitor or the NSW Trustee and Guardian advising that the person is deceased
  • a completed Advice of Death – PDF together with a proof of identity document of the deceased
  • in the case of a missing person presumed deceased, a 'Presumption of Death Order' issued by the Supreme Court (original or copy)
• additional documents depending on whether there is a will or not.

If there is a will

Transferring to the beneficiary or executor

One of the following, which names the new operator as the beneficiary or executor:

• a copy of the relevant section of the will or probate document, or
• signed, written advice from a solicitor or NSW Trustee and Guardian.

If there is more than one:

• beneficiary listed in the will, the new operator must provide a letter signed by all other beneficiaries outlining their agreement to the transfer
• executor, a document signed by all the executors authorising the transfer of registration, unless the will states the executors can act jointly and severally. 'Jointly and severally' means any one of the executors can sign a document without the signature of the other(s).

Transferring to the surviving joint operator

One of the following:

• a copy of the relevant section of the will or probate document and a letter, signed by both parties, outlining the agreement between the beneficiary/executor and the surviving joint operator, or
• signed, written advice from a solicitor including details of the agreement.

If there is no will

Transferring to the administrator of the estate

One of the following:

• a copy of the Letters of Administration, issued by the Supreme Court (if available), or
• a Statutory declaration – PDF (use the Statutory declaration for transfer of a vehicle – PDF as a guide) completed by the administrator stating that they are the appointed administrator of the estate.

Transferring to the surviving joint operator or next of kin

A Statutory declaration – PDF completed by the surviving joint operator or the next of kin stating:

• their relationship with the deceased (for example, spouse, sibling, child)
• that to their knowledge there is no administrator for the estate
• that to their knowledge there is no will
• the reason they are entitled to transfer the registration into their name
• that there is no other closer relative who would be given preference or is entitled to the registration (if transferring to next of kin).

How to transfer

1. Gather the required documents.
2. Visit a service centre and submit your application.

More information

• Stamp duty and transfer fees do not apply if the vehicle is transferred into the name of one of the following:
  • a beneficiary or executor nominated in the will
  • the administrator of the estate
  • the surviving joint operator
  • the next of kin
  • a different proven beneficiary in a subsequent transfer. For example, if the registration is transferred into the name of a person, and then subsequently transferred to a different proven beneficiary.
• If the vessel is disposed of/sold without being transferred to a person named in a will or other acceptable document, the new operator must meet the normal requirements to transfer the registration.
• Transport for NSW has strict requirements for transfers in order to protect:
  • the deceased person’s estate from fraudulent or malicious dealings
  • all registered operators from unauthorised transfers on the basis that they’re deceased when they’re not.