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Transferring a property from the estate to a beneficiary is one of the final steps of estate administration. It requires a formal legal document — an assent — lodged with HM Land Registry. This is different from selling the property; no money changes hands. This guide explains the process using Land Registry form AS1. For the overall estate administration process, see our executor first steps guide.
An assent is a legal document by which a personal representative (executor or administrator) transfers title to a property to the person entitled under the will or intestacy rules. It "vests" the property in the beneficiary.
Unlike a sale, there is no consideration (money) paid. However, if the beneficiary is taking the property subject to a mortgage, they may need to assume the mortgage liability or the mortgage must be repaid from estate funds first.
The assent must be completed before the beneficiary can deal with the property (e.g. sell it, remortgage it, or let it). Without registration, the property legally remains in the name of the deceased and the executor remains responsible.
The process differs slightly depending on whether the property is registered or unregistered:
To check if the property is registered, search HM Land Registry at land.gov.uk — a search costs £3.
Form AS1 can be downloaded from HM Land Registry at gov.uk/land-registry-forms/as1. The form asks for:
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To register the assent, send to HM Land Registry:
If the property is to be registered in the names of two or more beneficiaries, you must also complete a form RX1 (restriction on register) if it is to be held as tenants in common — this protects each co-owner's distinct share. If held as joint tenants (where the right of survivorship applies), no restriction is needed.
For the Land Registry fee and SDLT return purposes, you need the market value of the property at the time of the assent (not the probate valuation). If the property has changed significantly in value since the date of death, you may need a fresh valuation. For guidance on property valuation methodology, see our guide to valuing property for probate.
An assent to a beneficiary is not a disposal for Capital Gains Tax purposes for the executor — no CGT arises on the assent itself. The beneficiary's CGT base cost is the probate value of the property at the date of death. Any gain or loss when the beneficiary subsequently sells is calculated from that base cost.
For the full estate administration process, see our estate administration checklist. For distributing the cash portions of the estate, see distributing cash to beneficiaries. Use our free estate administration tool for a personalised task list.
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