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 pieces of documentation confirming the deceased's status:
  • the death certificate (original or copy)
  • a newspaper death notice
  • a letter from a solicitor or the NSW Trustee & Guardian advising that the person is deceased
  • a completed Advice of Death form 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).

In addition

If there is a Will, and

• the vessel is being transferred to a beneficiary or executor:
  • a copy of the relevant section of the will or probate document naming the new operator as the beneficiary or executor, or
  • signed, written advice from a solicitor.
• the vessel is being transferred to the surviving joint registered operator (if previously registered in two names):
  • 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 solicitor including details of the agreement.

If there is not a Will, and

• the vessel is being transferred to the administrator of the estate:
  • a copy of the Letter of Administration, issued by the Supreme Court (if available), or
  • a Statutory Declaration completed by the administrator stating that they are the appointed administrator of the estate.
• the vessel is being transferred to the surviving joint registered operator or the next of kin:
  • a Statutory Declaration completed by the surviving joint operator stating:
    • their relationship with the deceased (such as husband, wife, sibling or child of the deceased)
    • that to their knowledge there is no will for the estate
    • the reason they are entitled to transfer the registration into their name
    • if transferring to next of kin, that there is no other closer relative who would be given preference or is entitled to the vessel and registration.

Note: A beneficiary is not a recognised next of kin relationship. If the applicant is the beneficiary named in a will, follow the instructions for If there is a will.

How to transfer

1. Download and complete the Application for Transfer of Vessel Registration – PDF.
2. Download and complete the Advice of Death – PDF (if applicable).
3. Download and complete a Statutory declaration (if the person died without a will), and include information similar to the Statutory declaration for transfer of a vehicle – PDF.
4. Gather all supporting documents.
5. Visit a service centre and submit your application.

More information

• A transfer fee does not apply if the vessel is transferred into the name of one of the following:
  • a beneficiary or executor nominated in a will
  • the administrator of the estate
  • 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 listed above, and then transferred to a different proven beneficiary, transfer fees are not payable on both transfers.)
• 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.