How do I transfer property title after death?
- 1Any surviving co-owner — joint tenants and tenants in common alike — uses form DJP to remove the deceased's name from the legal title. There is no Land Registry fee for registering the death of a proprietor
- 2Sole owners: probate must be obtained first, then use form AS1 (passing to a beneficiary) or TR1 (selling), both submitted with form AP1
- 3An assent is a Scale 2 application: £45 for a property up to £100,000, rising to £305 above £1m by post, with reduced fees for portal applications by conveyancers
- 4No Stamp Duty Land Tax, Capital Gains Tax, or Inheritance Tax arises on the property transfer itself — IHT is paid by the estate before distribution
- 5Land Registry requisitions specify 20 working days for a reply, but in practice it allows 60 working days and sends a warning of cancellation at 40
Which Land Registry form you need depends on how the property was owned. If there is a surviving co-owner, form DJP removes the deceased's name from the register and there is no fee. If the deceased was the sole registered owner, you need the grant first, then form AS1 (passing the property to a beneficiary) or form TR1 (selling it), each sent in with form AP1 and a Scale 2 or Scale 1 fee. This page describes England and Wales.
- Surviving co-owner: form DJP, no fee, no probate needed to update the legal title
- Sole owner: grant first, then AS1 or TR1 with AP1
- Forms: DJP (death of a joint proprietor), AS1 (assent), TR1 (transfer), AP1 (application to change the register)
- Fees: nil for DJP; £45–£305 by post for an assent, depending on value
Understanding Property Ownership Types
The process for transferring property title depends on how the property was owned. There are three main scenarios:
If you're not sure what type of ownership applies or need to understand the differences, our guide on joint tenants vs tenants in common explains each in detail.
| Ownership Type | What Happens | Probate Needed? | Forms Required |
|---|
Joint Tenants (Most married couples) | Property automatically passes to surviving owner(s) | No (for property transfer) | DJP form only |
Tenants in Common (Specified shares) | Legal title passes to the survivor; the deceased's beneficial share passes under the will or intestacy | Not to update the register — yes, to deal with the share | DJP form |
| Sole Owner | Entire property passes according to will | Yes | AS1/TR1 + AP1 |
How to Check Ownership Type
You can find out how the property was owned by obtaining the Title Register from Land Registry:
What the Title Register Shows:
Joint Tenants: "The Proprietors are John Smith and Mary Smith of [address]"
Tenants in Common: "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court" (indicates tenants in common)
The Property Transfer Process: Overview
Here's the high-level process for transferring property title:
- Confirm ownership type (joint tenants, tenants in common, sole owner)
- Obtain probate (if required - not needed for joint tenants) - see our guide on applying for probate for full details
- Complete Land Registry forms (DJP, AS1, or TR1 + AP1)
- Gather supporting documents (death certificate, probate grant, ID)
- Submit application to Land Registry with fee
- Respond to any requisitions (requests for more info)
- Receive updated title register showing new owner(s)
Land Registry Forms Explained
Form DJP: Death of Joint Proprietor
Use this form when: the deceased was one of two or more registered owners and you want to remove their name from the title, leaving the surviving owner(s). A legal estate in land is indivisible (sections 1(6) and 34(1) of the Law of Property Act 1925), so this applies whether they held as joint tenants or as tenants in common — the difference between the two is about the beneficial interest behind the register, not the register itself.
Key features:
- Simple 2-page form
- No fee to submit
- No probate required to update the register
What you need:
- Completed DJP form
- Evidence of death: the death certificate, or the grant of probate or letters of administration
- The title number
Where a Form A restriction remains on the register — the marker for tenants in common — the surviving proprietor cannot alone give a valid receipt for purchase money on a later sale. HM Land Registry's practice guide 6 sets out the route: appoint a second trustee to act with the surviving proprietor. That second trustee can be the personal representative of the deceased, but does not have to be.
Form AS1: Assent
Use this form when: Executors are transferring property from the estate to beneficiaries named in the will (the most common scenario for straightforward inheritances).
Key features:
- Specifically designed for will transfers
- Simpler than TR1 form
- Must be signed by executor(s)
- Probate grant required
What AS1 includes:
- Property details (address, title number)
- Deceased's details
- Beneficiary details (new owner)
- Confirmation property passing under will
- Executor signature(s)
Form TR1: Transfer of Whole of Registered Title
Use this form when:
- Executors are selling the property (not keeping it in family)
- More complex transfer arrangements
- Transferring to multiple beneficiaries with specific shares
- Property passing under intestacy (no will)
Key features:
- More detailed than AS1
- Allows for monetary consideration (sale price)
- Can specify tenants in common percentages
Form AP1: Application to Change the Register
Always required with AS1 or TR1. This is the actual application form that accompanies your AS1/TR1 transfer form.
What AP1 includes (panel numbers as on the current form):
- Panel 1: the local authority serving the property
- Panel 2: the title number(s)
- Panel 3: whether the application affects the whole title
- Panel 4: the applications in priority order, the price paid or value, and the fee
- Panel 5: the documents lodged with the form
- Panel 6: the applicant — the person becoming the new owner
- Panel 7: who is sending the application to HM Land Registry
- Panels 12 to 14: confirmation of identity — panel 13 where a conveyancer is acting, panel 14 where nobody is
Required Supporting Documents
Along with your Land Registry forms, you'll need to provide supporting documents:
1. Death Certificate
- Original or certified copy (from Register Office where death was registered)
- NOT the interim certificate given at registration - must be official certificate
- Land Registry may keep this, so order multiple copies. In England and Wales a certificate costs £12.50 from the register office, or £38.50 for the priority service
2. Grant of Probate (or Letters of Administration)
- Required for all transfers EXCEPT joint tenant survivorship (DJP)
- Must be official copy from Probate Registry (not photocopy)
- Get multiple certified copies — £2 each ordered with the application, £16 afterwards
3. The Will (if applicable)
- Copy of the will if property distribution differs from probate
- Usually not needed if included with probate grant
4. Proof of Identity for New Owners
- Passport or driving licence (certified copy or original for checking)
- Proof of address: recent utility bill, bank statement (within 3 months)
5. Title Documents
- If property is registered — HM Land Registry records cover more than 90% of the land mass of England and Wales — it already has the details and you only need the title number
- If property is unregistered: the original title deeds are required, and the transfer or assent triggers compulsory first registration
Land Registry Fees
An assent (AS1) is a Scale 2 application, priced on the value of the property. A sale (TR1) is a Scale 1 application, priced on the consideration. Reduced fees apply where an application to transfer or assent the whole of a title is lodged through the portal or Business Gateway, which are open to conveyancers rather than to private individuals.
| Value of the property | Assent (Scale 2), by post | Assent (Scale 2), portal |
|---|
| DJP — death of a proprietor (any value) | No fee |
| £0 – £100,000 | £45 | £20 |
| £100,001 – £200,000 | £70 | £30 |
| £200,001 – £500,000 | £100 | £45 |
| £500,001 – £1,000,000 | £145 | £65 |
| £1,000,001 and over | £305 | £140 |
A sale out of the estate is charged on Scale 1 instead, which is higher: £45 by post on a price up to £80,000, rising to £1,105 above £1m. The current figures are on gov.uk — HM Land Registry registration services fees.
Step-by-Step: Completing the Forms
Completing Form AS1 (Most Common)
Section 1: Property Details
- Enter exact address as shown on title register (check every word)
- Enter the title number exactly as it appears on the register (a letter prefix and a number, such as AB123456)
Section 2: Personal Representative (Executor)
- Full name(s) of executor(s) as shown on probate grant
- Address(es)
Section 3: Transferee (New Owner)
- Full name(s) of beneficiary/beneficiaries
- Address for service (where Land Registry will send documents)
- Email address (optional but recommended)
Section 4: Consideration
- Tick "The transferor has received from the transferee for the property no money or anything which has a monetary value"
- (This confirms it's an inheritance, not a sale)
Section 5: Declaration of Trust (if multiple beneficiaries)
- Joint tenants: Property passes automatically to survivor(s)
- Tenants in common: Each owns specific share (e.g., 50/50)
Section 6: Execution
- All executors must sign
- Signature must be witnessed
- Witness should be over 18 and not a party to the deed
- Date the form
Common Mistakes to Avoid
- • Wrong or incomplete title number
- • Names don't match exactly with official documents
- • Missing signatures or witness details
- • Incorrect property address
- • Not all executors signing (if multiple executors appointed)
- • Using photocopy of probate grant instead of official copy
Submitting Your Application
You have two options for submitting your Land Registry application:
1. Postal Submission
How to submit:
- Find your local Land Registry office using the postcode search at gov.uk
- Send all forms and documents together
- Include a cheque or postal order for the fee, payable to “HM Land Registry” — a key number and card payment are only available to professional customers
- Use recorded delivery
- Keep copies of everything
2. Online Submission (via solicitor or portal)
Land Registry Business Gateway:
- Requires registration (mainly used by solicitors)
- Faster processing
- Real-time updates on progress
- Pay by card online
Processing Times and What to Expect
Typical Timescales
HM Land Registry does not publish a separate figure for each form, and the spread is wide. Its processing times page (updated 2 July 2026) reports that around 37% of applications to update the register are completed within a day, while over half of the remainder take about 16 weeks, with most finished in around 8 months. First registrations of unregistered land take about 8 months for half of applications and around 12 months for almost all. Your ownership is protected from the date the application is received, not the date it completes.
Check the current position at: gov.uk — HM Land Registry processing times
Requisitions (Requests for Information)
Land Registry may send "requisitions" - formal requests for additional information or clarification. Common reasons:
- Unclear signatures
- Missing documents
- Address discrepancies
- Questions about executor authority
Important: the period specified in a requisition is 20 working days under the Land Registration Rules 2003, but HM Land Registry says it normally allows 60 working days for most applications and sends a warning of cancellation at around 40 working days, explaining how to ask for more time. Extensions are normally granted in further 20-working-day blocks. Reply as soon as you can — an application that is cancelled has to be made again, and loses its original date.
After the Transfer is Complete
Once Land Registry approves your application, you'll receive:
- New title register showing the new owner(s)
- Title plan (map of property boundaries)
- Confirmation letter
- Original documents returned (death certificate, probate grant) - may arrive separately after 1-2 weeks
Check the New Title Register Carefully
Verify:
- Names spelled correctly
- Correct addresses
- Correct ownership type if multiple owners (joint tenants vs tenants in common)
- No unexpected charges or restrictions
If you spot any errors, contact Land Registry immediately to correct them.
Next Steps After Transfer
Once the property title is transferred, you should:
- Notify mortgage lender (if there's a mortgage on the property)
- Update insurance: Buildings and contents insurance in new owner's name
- Notify council tax office of ownership change
- Update utilities (if not already done)
- Inform service charge company (if leasehold)
- Review wills: Beneficiaries should update their own wills
Special Situations
Selling the Property Instead of Transferring to Beneficiaries
If executors are selling the property rather than transferring to beneficiaries:
- Use TR1 form to transfer directly from estate to buyer
- Saves a transfer step
- Buyer's solicitor usually handles Land Registry application
- Title transfers on completion of sale
For comprehensive guidance on selling an inherited property, including tax and timeline considerations, see our guide to selling an inherited house.
Property with Outstanding Mortgage
If there's a mortgage on the property:
- Lender has a "charge" registered against the title
- If paying off mortgage: Request redemption statement, pay off balance from estate funds, lender removes charge from title
- If beneficiary taking over mortgage: Beneficiary must apply to lender (subject to affordability checks), lender may require new mortgage application
Leasehold Property
Additional requirements for leasehold properties:
- Notify freeholder/management company of ownership change (usually £50-150 fee)
- Check lease for any restrictions on transfer
- Ensure service charges and ground rent are up to date
Property in Scotland or Northern Ireland
Everything above is England and Wales. The forms, the fees and the register are all different elsewhere, so none of the form names on this page can be used:
- Scotland: property is registered with Registers of Scotland, not HM Land Registry. The grant is confirmation rather than probate, Scottish land law does not use joint tenancy or tenancy in common, and a docket transfer rather than an assent is the usual route from an executor to a beneficiary.
- Northern Ireland: Land Registry Northern Ireland and the Registry of Deeds, with their own forms and fee scales. See nidirect.
Using a Solicitor vs DIY
DIY Transfer
Suitable for:
- Straightforward joint tenant survivorship (DJP)
- Simple will inheritance to one beneficiary
- No mortgage on property
- No disputes
Cost: the Land Registry fee only — nil for a DJP, £45 to £305 for an assent by post
Using a Solicitor
More often used for:
- Complex estates with multiple beneficiaries
- Property with mortgage
- Disagreements between executors or beneficiaries
- Selling the property
- Unregistered property
- Leasehold complications
Cost: no official source publishes a figure for what conveyancers charge for a post-death transfer. Ask two or three firms for a written quote before instructing one.
Frequently Asked Questions
How long does it take to transfer property after death?
HM Land Registry does not publish a per-form timescale. Its processing times page (2 July 2026) reports that around 37% of applications to update the register complete within a day, while over half of the rest take about 16 weeks and most finish in around 8 months. Where a grant is needed first, HMCTS reported an average of just over four weeks from probate application to grant in December 2024. Your ownership is protected from the date the application is received, not the date it completes.
Can I live in the property before the transfer is complete?
Yes, beneficiaries can usually live in the property during the transfer process, as long as all executors agree. However, the property still legally belongs to the estate until the transfer is registered.
What if the executors can't agree on what to do with the property?
If executors disagree, you may need to apply to the court for directions. Alternatively, one executor can renounce their role, or the will may specify how disagreements should be resolved.
Do I pay tax when transferring property after death?
No Inheritance Tax is due on the property transfer itself (IHT is paid by the estate before distribution). No Capital Gains Tax when inheriting (CGT only applies if you later sell the property for more than probate value). No Stamp Duty on property inherited from an estate.
What happens if I find a mistake on the title register after transfer?
Contact Land Registry immediately. Minor errors (spelling, address) can usually be corrected quickly. More significant errors may require a new application.
Quick Checklist
- ✓ Check ownership type on title register (£7 online)
- ✓ Obtain probate if needed (not required for joint tenants)
- ✓ Download correct Land Registry forms from gov.uk
- ✓ Gather death certificate, probate grant, and ID documents
- ✓ Complete forms carefully - check spelling and details
- ✓ All executors must sign where required
- ✓ Calculate and pay correct Land Registry fee
- ✓ Submit by post (recorded delivery) or via solicitor online
- ✓ Respond promptly to any requisitions
- ✓ Check new title register when received for accuracy