Transmission application and discharge of mortgage for property in NSW

My brother passed away 12 weeks ago and left me as Executor of his estate. He has a property with his estranged wife as tenants in common, and has left his share to me. I was advised that after probate had been granted I would need to lodge a transmission application with LPI in Sydney along with the grant of probate. I have only just found out that even though the mortgage on the property was paid off more than 10 years ago a discharge of mortgage was never applied for from the bank and as a result still shows on the title. I am at a loss as what the next step is! Does his wife have to get a discharge of mortgage from the bank, and as he has passed away who needs to sign it. What needs to be done first and by whom?

 

Sorry for your loss. You will become his legal personal representative if probate is granted to you. You can then sign on his behalf. So you will have to sign a discharge of mortgage with hte other owner.