Assent in Probate UK (2026): How Property Passes from Executor to Beneficiary
Updated 13 May 2026 · 7 min read · England & Wales
After probate is granted, the executor must formally transfer each asset from the estate to the entitled beneficiary. For land and property, this requires a document called an assent — the legal instrument that moves title from the deceased’s estate to the person who inherits it. Without an assent, the beneficiary has no legal title and cannot sell, mortgage, or transfer the property.
What is an assent?
An assent is the act — and the written document evidencing that act — by which a personal representative (executor or administrator) vests a deceased person’s property in the beneficiary entitled to it under the will or intestacy. The power to assent is given by s36 of the Administration of Estates Act 1925.
Key points:
- An assent is not a sale — no money changes hands
- For land, an assent must be in writing, signed by the personal representative, and name the beneficiary
- For registered land, the assent is completed on Land Registry Form AS1
- An assent can be made to the executor personally if they are also a beneficiary
- Until an assent is made, legal title to the property remains with the executor
Assent vs Transfer: what is the difference?
| Document | Used when | Money changes hands? |
|---|---|---|
| AS1 (Assent) | Executor transfers property to a beneficiary of the estate | No — beneficiary receives their entitlement |
| TR1 (Transfer) | Executor sells property to a third-party buyer; or gift between living persons | Usually yes — sale price paid |
| AS3 (Assent to trustees) | Property assented to trustees (e.g. a will trust) | No |
The process: assenting a house after probate
- Obtain the grant of probate (or letters of administration)
- Check the title register at HM Land Registry — confirm the title number and any registered charges (mortgages)
- If there is a mortgage: discharge it before or simultaneously with the assent, or confirm the beneficiary is assuming it with the lender’s consent
- Complete Land Registry Form AS1 — insert the title number, property description, executor’s details (including their capacity as executor of the estate of [deceased]), and the beneficiary’s full name and address
- Execute AS1 as a deed — the executor signs in the presence of an independent witness (not the beneficiary), who also signs and adds their name and address
- Submit to HM Land Registry with: Form AP1 (covering form); original or certified copy of the grant of probate; AS1; applicable fee
- HM Land Registry updates the register — the beneficiary becomes the registered proprietor
Unregistered land
If the property is not registered at HM Land Registry, the assent is made in writing, signed by the executor, and endorsed on or kept with the title deeds. The assent triggers compulsory first registration at HM Land Registry — the beneficiary must register their title within 2 months of the assent. Failure to register results in the legal title reverting to the executor (though the equitable interest remains with the beneficiary).
Timing and the executor’s duty
There is no absolute statutory deadline for completing an assent, but executors have a duty to administer the estate efficiently — generally within the executor’s year (the 12 months following the date of death). Delays in completing assents:
- Leave the beneficiary without legal title to deal with the property
- Create complications if the executor dies before completing the assent
- Can attract executor liability if the delay causes loss to the beneficiary
- Can affect the beneficiary’s ability to sell or mortgage promptly
Frequently asked questions
What is an assent in probate?
An assent is the act by which an executor or administrator formally vests a deceased person's property in the person entitled to it under the will or intestacy — the beneficiary. The power to assent is given by s36 of the Administration of Estates Act 1925. An assent is not a sale or a gift: it is the formal completion of the transfer from the estate to the beneficiary. Once an assent is made, the executor's role in respect of that asset is complete. An assent can be made in respect of any type of property — real property (land), personal property (chattels, money), shares, or other assets. For land, however, the assent must be in writing and must name the person in whose favour it is made.
When is an assent needed?
An assent is needed whenever property in a deceased person's estate is to pass to a beneficiary other than by sale. If the executor sells the property (e.g. a house sold on the open market and proceeds distributed), no assent is needed — a normal conveyance is used. If the house is to pass to a beneficiary (e.g. the deceased left the house to a child), an assent is the correct document to transfer legal ownership. For registered land, the assent must be registered at HM Land Registry using Form AS1 (or Form AS3 for a transfer to trustees). For unregistered land (land not yet on the register), the assent must be in writing and is entered on the title deeds. An assent is also required to transfer shares or other assets held in the estate's name into the beneficiary's name — though share registrars often use their own stock transfer forms.
What must a written assent contain?
Under s36 Administration of Estates Act 1925, an assent of land must be in writing, be signed by the personal representative (executor or administrator), and name the person in whose favour it is made. For registered land, the Land Registry form AS1 is used — it must include: the title number of the property; the property description; details of the personal representative making the assent; details of the beneficiary receiving the property; any restrictions, covenants, or charges affecting the property; the date. The AS1 must be signed by the executor (and witnessed if it is executed as a deed), and submitted to HM Land Registry with the grant of probate (or a certified copy), the appropriate fee, and an AP1 covering form. An assent is not the same as a transfer deed (TR1) — a TR1 is used for sales between buyers and sellers; AS1 is used for estate assents to beneficiaries.
What is the process for assenting a house to a beneficiary?
The process for assenting a house in registered land to a beneficiary: (1) Obtain the grant of probate. (2) Confirm the beneficiary's full name and address. (3) Check for any mortgage on the property — if there is a charge, it must be discharged or transferred before the assent is completed, or the beneficiary assumes the mortgage with the lender's consent. (4) Complete Land Registry Form AS1: insert the title number, the property, the executor's details, the beneficiary's details, and tick the relevant panels. (5) Execute AS1 as a deed (signed by the executor in the presence of a witness; the witness signs and adds their name and address). (6) Submit to HM Land Registry via Form AP1, with the original or certified copy of the grant of probate, the AS1, and the Land Registry fee. (7) HM Land Registry updates the register — the beneficiary becomes the registered proprietor. The process for unregistered land is similar but the assent is kept with the title deeds.
Can an executor assent property to themselves?
Yes — an executor can assent property to themselves if they are also a beneficiary entitled to the property. An executor who is also the sole beneficiary can simply assent the property to themselves. If there are multiple executors and one of them is the beneficiary, all executors must join in the assent. An executor assenting property to themselves must act in both capacities — as executor making the assent and as beneficiary receiving it. This is permissible under s36 AEA 1925, which expressly allows a personal representative to assent to themselves. Evidence of the assent is important to protect the executor against later claims — a written assent in correct form, even in a self-assent, creates a clear documentary record.
What is the difference between an assent and a transfer?
An assent (Form AS1) is used to transfer property from a deceased person's estate (represented by the executor) to a beneficiary — no money changes hands; the beneficiary receives their entitlement. A transfer (Form TR1) is used for a sale between a seller and a buyer — money changes hands in return for the property. A gift between living people uses a TR1 (not an assent). An assent is exclusively used for transfers out of a deceased person's estate to beneficiaries. If the executor sells the property to a third party, they use a TR1. If the executor passes the property to a beneficiary entitled under the will or intestacy, they use an AS1.
What happens if an assent is not made?
If an assent of land is not made, the property remains legally vested in the executor's name (or the name of the last registered proprietor — the deceased). The beneficiary has an equitable interest but no legal title. Practical consequences: the beneficiary cannot sell, mortgage, or otherwise deal with the land without first completing the assent; if the executor dies, a further grant of probate may be needed to deal with the property; the Land Registry will not update the register without a proper assent or transmission. An assent should be completed promptly after probate — delays create title complications and can cause problems years later if the beneficiary sells. There is no strict time limit for an assent, but executors have a duty to administer the estate efficiently within the executor's year.
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