# Selling a Deceased Estate in St George: Complete 2026 Probate Guide

Losing a loved one is difficult enough without the added complexity of managing their estate. As an executor in NSW, selling a deceased person's property requires navigating probate law, tax obligations, and real estate markets—often while grieving.

After 25+ years helping St George families through this process, I've guided hundreds of executors through deceased estate sales. This guide covers everything you need to know in 2026.

Understanding Probate in NSW

Probate is the legal process that confirms an executor's authority to manage a deceased person's estate. In NSW, you typically need a Grant of Probate before selling real property.

When is Probate Required?

Probate is generally required when:

The deceased owned real property (land or buildings) in their sole name
Assets exceed $50,000 in value
Financial institutions require it before releasing funds

Probate Timeline in NSW (2026)

Stage	Typical Timeframe
Gather documents & apply	2-4 weeks
Supreme Court processing	4-8 weeks
Grant issued	6-12 weeks total
Property sale preparation	2-4 weeks
Marketing & sale	4-8 weeks
Settlement	6 weeks
Total (application to settlement)	5-9 months

Pro Tip: You can begin preparing the property for sale while waiting for probate. Just don't sign any contracts until the Grant is issued.

Step-by-Step: Selling a Deceased Estate

Step 1: Secure the Property

Immediately after death:

Change locks if necessary
Redirect mail
Continue insurance payments
Maintain utilities for inspections
Document the property's condition with photos

Step 2: Obtain Grant of Probate

Required documents:

Original Will
Death Certificate
Inventory of assets and liabilities
Probate application forms

Cost: Court filing fees are approximately $1,200-$1,500 in NSW (2026). Solicitor fees for probate typically range from $2,500-$5,000.

Step 3: Get a Property Valuation

You need two valuations:

1. Date of Death Valuation – Required for CGT purposes (establishes the cost base) 2. Current Market Valuation – For setting the sale price

I provide free market appraisals for deceased estates in St George. Request a free appraisal →

Step 4: Prepare the Property

Common tasks:

Clear personal belongings (allow 2-4 weeks for family)
Basic repairs and cleaning
Consider minor cosmetic updates
Professional photography

Estate Clearance Tip: Local charities like Salvation Army and St Vincent de Paul offer free furniture collection in St George.

Step 5: Choose Your Sales Method

Method	Best For	Typical Timeline
Auction	Multiple beneficiaries wanting transparent process	4-6 weeks
Private Treaty	Maximum flexibility, emotional sales	4-12 weeks
Off-Market	Privacy, quick settlement needed	2-4 weeks

For deceased estates with multiple beneficiaries, I often recommend auction—it provides transparency and a definitive result that all parties can accept.

Step 6: Accept an Offer & Exchange

Once you have an offer:

Executor signs contract on behalf of the estate
Standard 10% deposit
42-day settlement is typical (can be shorter if estate requires funds)

Step 7: Settlement & Distribution

After settlement:

Pay outstanding debts (mortgage, rates, utilities)
Discharge any caveats
Distribute remaining funds per the Will
Final executor accounting

Capital Gains Tax on Inherited Property

This is where many executors make costly mistakes. The CGT rules for inherited property are complex but understanding them can save tens of thousands of dollars.

The Two-Year CGT Exemption Rule

If the property was the deceased's main residence (their home), and you sell within 2 years of their death, the entire capital gain is CGT-free.

This is one of the most valuable tax exemptions in Australian property law.

What Happens After 2 Years?

If you sell after 2 years, you'll pay CGT on the gain from date of death to sale date (not the original purchase price).

Example:

Date of death value: $1,200,000
Sale price (3 years later): $1,400,000
Capital gain: $200,000
After 50% discount (held >12 months): $100,000 taxable
Tax at 37% marginal rate: $37,000

Cost Base Options

For inherited properties, you can use:

1. Date of Death Value – Market value when the person died 2. Original Cost Base – What they paid (plus improvements)

Generally, date of death value is higher and more beneficial.

Calculate your probate CGT obligation →

Common Executor Mistakes to Avoid

1. Selling Too Quickly

Grieving families often want to "get it over with." But rushing can mean:

Lower sale price
Missed tax planning opportunities
Family disputes later

2. Missing the 2-Year CGT Window

If the property qualifies for the main residence exemption, missing the 2-year deadline can cost $30,000-$100,000+ in unnecessary tax.

3. Not Getting Independent Valuations

Beneficiaries often disagree on property value. An independent valuation (or two) protects the executor from accusations of undervaluing.

4. Ignoring Property Condition

Deceased estates often need work. But don't assume major renovations are needed—a professional agent can advise what's worth fixing.

5. DIY Probate on Complex Estates

For simple estates, DIY probate is fine. But if there's:

Multiple properties
Business interests
Disputes between beneficiaries
No Will (intestacy)

...engage a solicitor experienced in estate administration.

Deceased Estate Sales in St George: Market Insights 2026

St George's deceased estate market has unique characteristics:

Why St George Sees More Deceased Estates

Aging population in established suburbs (Kogarah, Sans Souci, Brighton-Le-Sands)
Long-term ownership – Many homes held 30-50+ years
High land values – Even dated homes attract strong competition

Typical Outcomes

In 2026, St George deceased estates are achieving:

Suburb	Median (Houses)	Days on Market
Kogarah	$1.95M	26
Sans Souci	$2.1M	30
Brighton-Le-Sands	$2.5M	32
Rockdale	$1.65M	28
Hurstville	$2.0M	28

Many deceased estates present as "original condition" which actually attracts premium interest from renovators and developers.

Why Choose Michael Kalinovski for Deceased Estate Sales?

Experience

25+ years in St George, including hundreds of deceased estate sales. I understand the sensitivity required.

Executor Support

I coordinate with solicitors, beneficiaries, and clearance services—reducing your burden during a difficult time.

Transparent Process

Auction campaigns provide clear, defensible outcomes that satisfy all beneficiaries.

Local Expertise

Deep knowledge of St George buyers, including those specifically seeking "original condition" properties.

Frequently Asked Questions

Can I sell before probate is granted?

You can prepare and market the property, but cannot exchange contracts until probate is granted.

Who pays the agent's commission?

The estate pays all selling costs from the sale proceeds before distribution to beneficiaries.

What if beneficiaries disagree on selling?

The executor has authority to sell if the Will directs it. For disputes, seek legal advice.

Do I need to renovate a deceased estate?

Usually no. Many buyers prefer original condition homes. I'll advise what (if anything) is worth fixing.

How do I value furniture and contents?

Personal effects are typically valued by beneficiaries or a professional valuer. Items over $10,000 may have CGT implications.

What happens if there's no Will?

This is called "intestacy." NSW intestacy rules determine who inherits. A solicitor is essential.

Ready to Discuss Your Deceased Estate?

I offer confidential, obligation-free consultations for executors and beneficiaries.

Call: 0411 818 171 Email: [email protected]

Request a Free Estate Appraisal →

Michael Kalinovski has been selling property in St George since 1999. He holds an active NSW Real Estate Agent Licence and is a member of REINSW.

Selling a Deceased Estate in St George: Complete 2026 Probate Guide for Executors