Advising Roads and Maritime Services (replacing Roads and Traffic Authority) of a person's death
Roads and Maritime Services (replacing Roads and Traffic Authority) is notified of deaths in NSW by the NSW Registry of Births, Deaths and Marriages for the purposes of recording customers as deceased on Roads and Maritime Services (replacing Roads and Traffic Authority) records.
Transferring registration after a death
When the registered operator of a vehicle is deceased, the registration needs to be transferred into the name of another operator, or cancelled. Roads and Maritime Services (replacing Roads and Traffic Authority) has strict requirements for transfers in this situation to protect the deceased person's estate from fraudulent or malicious dealings, and to protect all registered operators from unauthorised transfers on the basis that they are deceased when they are not.
What you will need to provide:
- Proof of identity for the person seeking to transfer the registration.
- Evidence that the operator is deceased (if this has not already been recorded by Roads and Maritime Services (replacing Roads and Traffic Authority)).
- Documentation to transfer the registration into the name of another operator.
More information about each of these appears below.
1. Proof of identity
Proof of identity must be provided by the person seeking to transfer the registration into their name. See Proof of identity for more information.
2. Proof that the operator is deceased
If the person's death has not already been recorded by Roads and Maritime Services (replacing Roads and Traffic Authority), documentary evidence of death is required. In this case, you will need to provide one of the following documents:
- The death certificate (original or copy).
- Newspaper death notice.
- A letter from a solicitor or the NSW Trustee and Guardian (previously known as the Public Trustee), advising that the person is deceased.
- In the case of a missing person presumed deceased, a 'Presumption of Death Order' issued by the Supreme Court (original or copy).
3. Documentation required to transfer into the name of another operator
When transferring to another operator, you must provide a completed Application to Transfer Registration form, available from any motor registry, or via the link at the bottom of this page. Depending on who the registration is being transferred to, you will also need to provide further documentation.
The following sections provide information on specific situations.
If there is a will
Transferring into the name of a beneficiary or executor
You must provide one of the following documents, which must name the new operator as the beneficiary or executor of the estate:
- A copy of the relevant section of the will or probate document.
- Signed, written advice from a solicitor.
Where a vehicle is transferred to the executor, it may at a later date be transferred to a beneficiary using this transfer of registration process.
Where there is more than one beneficiary listed in the will, the Application for Transfer form must be completed nominating one person only as the registered operator.
Transferring into the name of the surviving joint operator (if previously registered in two names)
If there is a will, transfer into the name of the surviving joint operator may be completed if there is evidence of an agreement between the beneficiary/executor and the surviving joint operator as to which of these two will be the new operator. You will need to provide 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 registered operator, or
- Signed, written advice from a solictor including advice on the agreement.
If there is no will
Transferring into the name of the Administrator
If there is no will, registration may be transferred into the name of the Administrator of the estate. You must provide one of the following documents:
- A copy of the Letters of Administration, issued by the Supreme Court, if available.
- If the Letters of Administration are not available, the Administrator must complete a Statutory Declaration stating that they are the appointed Adminstrator of the estate.
Transferring into the name of the surviving joint registered operator (if previously registered in two names)
Transfer of registration into the name of the surviving joint operator may be completed if there is no will or Letters of Administration. The surviving joint operator must complete a Statutory Declaration stating:
- Their relationship with the deceased (eg husband or wife of deceased), and
- That to their knowledge there is no Administrator for the estate, and
- That to their knowledge there is no will, and
- The reason they are entitled to transfer the registration into their name.
Transferring into the name of the next of kin
Transfer of registration into the name of the next of kin may be completed if there is no will or Letters of Administration. The next of kin must complete a Statutory Declaration stating:
- The type of next of kin relationship (eg husband, brother, daughter etc) with the deceased, and
- That to their knowledge there is no Administrator for the estate, and
- That to their knowledge there is no will, and
- The reason they are entitled to transfer the registration into their name (eg if the Statutory Declaration states that you are the brother of the deceased, it must also state that there is no other closer next of kin who would be given preference or is entitled to the registration).
Note: A beneficiary is not a recognised next of kin relationship. If you are a beneficiary named in a will, see the section 'If there is a will', above.
Stamp duty and transfer fee exemptions
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 a will.
- The Administrator of the estate.
- The surviving joint registered operator.
- The next of kin.
- A different proven beneficiary in a subsequent transfer. If the registration is transferred into the name of a person listed above, and then subsequently transferred to a different proven beneficiary, stamp duty and transfer fees are not payable on both transfers.
Disposing of the vehicle without transferring registration
Where a vehicle is disposed of (eg sold) by the estate upon the death of the registered operator, without being transferred into the name of a person listed above, the new operator must meet the normal proof of identity, proof of registration entitlement and fee requirements. See the Related Links, top right, for more information on each of these requirements.
Transferring registration from a corporation
If the registered operator of the vehicle is a corporation, and the corporation chooses to transfer the vehicle to a beneficiary of a deceased director, the beneficiary must meet the normal proof of identity, proof of registration entitlement and fee requirements. The beneficiary may also provide written advice from a solicitor, or letter from the NSW Trustee and Guardian (previously the Public Trustee) showing that the vehicle is bequeathed to them, as proof of registration entitlement.