Transferring Property at Land Registry After Probate: Step-by-Step

Transferring a deceased person’s property at Land Registry is one of the final steps in estate administration. Whether you are passing the property to a family member or completing a sale, understanding which forms to use, what documents are needed, and how long the process currently takes can save significant frustration.

The Two Distinct Routes: Assent vs Transfer

When dealing with property after probate, there are two fundamentally different transactions depending on who receives the property:

• Assent (form AS1): Used when the executor or administrator is transferring the property to a beneficiary entitled to it under the will or intestacy rules. The executor “assents” to the property vesting in the beneficiary. This is not a sale — no money changes hands. The form AS1 is the Land Registry’s form for this transaction.
• Transfer (form TR1): Used when the property is being sold to a third-party buyer in an arm’s-length transaction. This is standard conveyancing. Even where the executor sells directly to a beneficiary (at open market value), form TR1 is used rather than AS1 because it is a sale.

The distinction matters because the stamp duty land tax (SDLT) treatment, the Land Registry fee, and the supporting documents differ between the two routes. An assent to a beneficiary is not a “sale,” so SDLT is generally not chargeable on the beneficiary receiving property under a will or intestacy (though specialist advice is needed in some circumstances, particularly where the beneficiary takes subject to a mortgage).

The AP1 Application Form

Whether using form AS1 or form TR1, every Land Registry application is submitted using form AP1 — the “Application to Change the Register.” The AP1 is the covering form that tells Land Registry what you are applying to do, which title number is affected, who is making the application, and what supporting documents are enclosed.

The AP1 must be completed carefully:

• Panel 1: The title number of the property being transferred (from the Office Copy Entries).
• Panel 4: The type of application — “Assent” (for AS1) or “Transfer” (for TR1).
• Panel 6: The price paid (leave blank or enter zero for an assent to beneficiary).
• Panel 7: The name and address of the applicant (usually the new registered proprietor — the beneficiary or buyer).
• Panel 13: The list of supporting documents enclosed — including the AS1 or TR1, the Grant of Probate, and any identity verification documents.
• Panel 14: The Land Registry fee, calculated from the fee scale (different for sales and non-monetary transfers).

Applications can be submitted by post to Land Registry’s processing centres, or by solicitors and licensed conveyancers via the Land Registry portal (e-DRS). Members of the public cannot use the portal — postal applications are required for unrepresented parties.

Documents Required

The standard documents required for a post-probate property transfer are:

• Form AP1 (covering application form) — completed and signed by the applicant.
• Form AS1 or TR1 — signed and witnessed (the AS1 must be signed by the executor; the TR1 must be signed by the executor and the buyer).
• Certified copy of the Grant of Probate or Letters of Administration — not the original. Land Registry accepts certified copies. The certification must state that it is a true copy of the original and be signed by a solicitor or notary.
• Identity verification — Land Registry requires evidence of identity for new proprietors. Form ID1 (for individuals applying in person) or form ID2 (for companies) is the standard route, though solicitors acting on behalf of clients can certify identity in their covering letter in many cases.
• SDLT return or certificate (for sales) — evidence that SDLT has been paid or that the transaction is exempt from SDLT.
• Land Registry fee — a cheque made payable to “HM Land Registry” for the correct amount, or arrangements for electronic payment via the portal.

Current Land Registry Processing Times

Land Registry processing times have increased substantially in recent years due to increased volumes and staffing challenges. As of 2025-26, the position is:

• Simple applications (such as a straightforward change of name or a simple discharge of mortgage): typically processed within days to a few weeks via the online portal.
• Transfer applications (including AS1 and TR1): currently taking 3-12 months for many applications, with complex cases or postal applications taking longer.
• First registration applications (unregistered land): may take 12 months or more.

Land Registry publishes current processing times on its website and updates these regularly. The processing time is measured from the date the application is received, not the date it is “raised” (put into a specific caseworker’s queue).

An important practical point: a property can be sold and the sale completed before the Land Registry registration of the preceding assent has been processed, provided the application has been lodged. The pending application is reflected in the register, and conveyancers routinely proceed with sales in this way. However, the situation is complex and requires an experienced solicitor to manage.

Registered vs Unregistered Land

The vast majority of property in England and Wales (over 90%) is now registered at Land Registry. If property is registered, the process described above applies — you use the title number and submit the appropriate forms.

However, some property — particularly older rural property or property that has not changed hands since compulsory registration was introduced in the relevant area — may be unregistered. You can check whether a property is registered by searching on Land Registry’s website for a small fee.

For unregistered land, the title is proved by a bundle of title deeds rather than a register entry. Transferring unregistered land is more complex:

• An Assent on unregistered land is made by a deed (not using form AS1, which is a Land Registry form for registered land only).
• The transfer or assent of unregistered land is a trigger for compulsory first registration — the new owner must apply to register the property at Land Registry within two months of the transfer, or the legal title will revert to the executor.
• First registration requires the original title deeds, evidence of good title going back at least 15 years (under the Law of Property Act 1925), and a form FR1 application.

Unregistered land is a specialist area and requires the assistance of a solicitor or licensed conveyancer. Attempting to deal with unregistered title without professional help is strongly discouraged.