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ITAA 1997 s128-15 · Probate · Family Provision

Date-of-Death Property Valuations for Deceased Estates.

Settling an estate is rarely simple, and getting the property values right is one of the executor's most important duties. A date-of-death valuation establishes the market value of real property as at the deceased's date of death — the figure that drives probate, equitable distribution to beneficiaries, and the CGT cost base on any subsequent sale.

Reviewed by Senior Valuer, CPV (API) Updated 1 May 2026 8 min read

Key facts

Authority
ITAA 1997 s128-15 · State probate rules
Effective date
Date of death
Required by
Executors, solicitors, accountants
Who can value
Certified Practising Valuer (API)
Turnaround
5 business days standard
Fee from
$440 incl. GST (residential)

What is a deceased estate valuation?

A deceased estate valuation is an independent market value report of real property held by the deceased, effective at the date of death and prepared by a Certified Practising Valuer to API Professional Practice Standards. It is the foundational figure for probate, equitable distribution between beneficiaries, family provision (TFM) claims, and the CGT cost base inherited under s128-15 ITAA 1997.

"If you owned a CGT asset that passes to a beneficiary in your estate, the beneficiary is taken to have acquired the asset on the day you died."
— ITAA 1997 s128-15 — Effect on beneficiary

Why an independent date-of-death valuation matters

Beneficiaries inherit the deceased's CGT cost base for post-CGT property and market value at date of death for pre-CGT property. An independent valuation:

  • Resets the cost base correctly under s128-15 ITAA 1997.
  • Supports an equitable distribution between beneficiaries.
  • Provides evidence in family provision (TFM) claims.
  • Establishes the dutiable value for state revenue purposes (in some jurisdictions).
  • Protects the executor from challenge by beneficiaries or the ATO.

How the valuation is used downstream

A single date-of-death valuation may be relied on across several different processes — each with its own audience and standard. We draft to satisfy all of them.

Use Audience Standard
Probate / letters of administration Supreme Court State probate rules
Equitable distribution Beneficiaries API Professional Practice
CGT cost-base reset ATO ATO MVPI
Family provision (TFM) claims Court Expert witness rules
State revenue / stamp duty State revenue office Statutory definitions

What we need from the executor

We can usually proceed with minimal documentation. Helpful items include the date of death, a copy of the title or rates notice, access details for inspection, and any recent sale records or improvements made by the deceased. We can also liaise with the estate's solicitor and accountant directly to coordinate timing and delivery.

Sensitive inspection arrangements

Inspections during a bereavement are difficult. Where the property is occupied by family members, tenanted, or in transition, we coordinate inspection times that respect everyone's circumstances. Where the property has been cleared and is on the market, a desktop or kerbside methodology may be appropriate and is clearly documented in the report.

The two-year main residence disposal window

Where the deceased's home is sold within two years of death (extendable on application), the gain is generally fully exempt under s118-195. A date-of-death valuation is still recommended — it establishes the cost base for any sale outside the window and provides a paper trail if the period is later extended.

How it works — five steps

  1. 1

    Brief & quote

    Email the property address, the relevant date, and a short note on the purpose. We return a fixed-fee quote within 2 business hours for deceased estate valuations.

  2. 2

    Inspection

    A Certified Practising Valuer (API) attends the property for an internal and external inspection. Tenanted properties are coordinated directly with the occupier.

  3. 3

    Comparable sales analysis

    We research settled sales using RP Data, Pricefinder, APM and council records, applying the direct-comparison and (where relevant) capitalisation approaches.

  4. 4

    Report drafting

    The report is drafted to API Professional Practice Standards and the ATO Market Valuation Practice Instruction (MVPI), with full comparable schedules and signed certification.

  5. 5

    Delivery

    The signed PDF is delivered to you and (on request) directly to your accountant, solicitor or auditor within 5 business days of inspection.

Glossary

Plain-English definitions of the terms used in this report and in related ATO guidance.

Section 128-15 ITAA 1997
Sets out the CGT consequences when a CGT asset passes to a beneficiary, executor or legal personal representative on death.
Letters of administration / probate
Court orders authorising someone to administer the estate. Many state Supreme Courts require asset values supported by a registered valuation.
Family provision (TFM) claim
An application by an eligible person for further provision out of the estate. The Court requires independent asset values to determine the size of the estate.
Two-year main residence disposal
Section 118-195 — full exemption where an inherited main residence is sold within two years of death (extendable to four on application).
Pre-CGT asset
Acquired before 20 September 1985. The beneficiary's cost base is the market value at the date of death, not the deceased's original cost.
Legal personal representative (LPR)
The executor named in the will or the administrator appointed by the Court. The LPR steps into the deceased's CGT position until the asset passes to a beneficiary.

FAQs

Deceased estate valuation questions, answered.

The questions clients, accountants and advisers ask us most often.

For property the deceased acquired before 20 September 1985, the beneficiary inherits a cost base equal to market value at the date of death. For post-CGT property, the cost base usually rolls over from the deceased — but a date-of-death valuation is still useful for transparency between beneficiaries and to support the two-year main residence exemption.

As soon as practicable. While a retrospective valuation can be prepared years later, conducting it close to the date provides the strongest evidence and avoids relying solely on archived sales data.

Our scope is real property. For chattels, art, jewellery and vehicles, we can refer you to specialist valuers we work with regularly.

Yes. We prepare expert reports compliant with the relevant Court rules and can be available for cross-examination if required. See our Expert Witness Reports service for details.

We can still prepare a retrospective valuation as at the date of death using historical sales evidence and any inspection records or photographs taken before the sale.

Yes. Our reports comply with the relevant state probate filing requirements and are accepted by Supreme Court probate registries nationally.

Yes — we routinely address reports to executors, solicitors and accountants jointly, and deliver copies directly to each.

We provide bundled pricing for estates with multiple properties, particularly where they can be inspected in the same trip or metro area.

Standard residential date-of-death valuations start at $440 incl. GST. Commercial and rural property is quoted on the basis of size, location and complexity, always upfront.

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Need a date-of-death valuation?

Fixed fees, sensitive handling, 5-day turnaround, accepted by probate registries and the ATO.

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