Deceased Estate Property Transfers and the $100 Duty Concession

A beneficiary receiving NSW property from a deceased estate may qualify for concessional transfer duty of $100. The concession is not automatic, and changing the distribution described by the will can produce a different duty result.

When Can the $100 Concession Apply?

Broadly, the property must pass from the executor or administrator to a beneficiary under and in conformity with the will, intestacy rules or an applicable court order. The concession can also apply to certain transfers made under a trust for sale or through a valid appropriation satisfying a beneficiary’s estate entitlement.

Why “In Conformity” Matters

A transfer conforming with a will gives effect to the distribution the deceased directed. If beneficiaries agree that one person will receive a larger property interest than their entitlement, ordinary duty may apply to the additional share.

This commonly arises where siblings inherit equal interests but one wants to keep the property and pay the others from personal funds. The legal and duty consequences should be considered before a family arrangement or transfer is finalised.

Appropriation of Estate Assets

An executor with an appropriate power may allocate particular assets towards beneficiaries’ entitlements. Different beneficiaries may receive different properties of equivalent value while preserving their overall estate shares. Valuations and the will’s terms are important.

Trust for Sale

A will may direct that property be sold and proceeds divided. In some circumstances, transferring the property itself to beneficiaries in the same proportions as their interests in the proceeds may still attract the concession.

Documents Commonly Required

• The grant of probate or letters of administration.
• The will and any codicils.
• The executed transmission application or transfer.
• An inventory of estate assets.
• Identity and residency evidence for the beneficiary.
• Valuations and distribution calculations where relevant.
• Relevant court orders or family-arrangement documents.

Plan Before Transferring

Executors and beneficiaries should obtain advice before agreeing to a buyout, rearranging entitlements or using non-estate money. A transaction that appears fair may still create transfer duty, valuation, capital gains tax, land tax, financing or estate-administration consequences.

Official Guidance

Revenue NSW explains eligibility, examples and documents for the $100 deceased-estate transfer-duty concession.

How Russell Kelly & Associates Can Assist

Russell Kelly & Associates assists executors and beneficiaries with probate, estate administration, property transmissions and transfers, duty issues and conveyancing.

Read about our Deceased Estates, Probate and Property Law services.

This article provides general information and is not legal, taxation or financial advice. Individual circumstances and current law must be considered. Information current as at 9 September 2026.