How to Remove a Deceased Person from a Property Title UK (2026)

When one of two (or more) joint tenants dies, their legal interest in the property passes automatically to the surviving joint tenant(s) by right of survivorship — regardless of any will or intestacy rules. The property does not form part of the deceased's estate for conveyancing purposes (though it may still be included in the estate for IHT). To update the Land Registry title to reflect the survivor as sole registered owner, use form DJP (Death of Joint Proprietor): (1) Download form DJP: available from gov.uk/government/publications/death-of-joint-proprietor-djp. There is no fee for form DJP itself but you must pay the Land Registry registration fee (£20 for applications made through HMLR's portal; £40 for postal applications in 2026); (2) What you need: form DJP completed with the title number(s) for the property; a certified copy of the death certificate (certified by a solicitor, GP, or other official — a photocopy or scan is NOT acceptable; however, an original death certificate presented in person or submitted by post is also accepted). You do NOT need: a Grant of Probate or Letters of Administration; a copy of any will; any court order; (3) How to submit: online via HM Land Registry portal (hmlr.gov.uk; faster, recommended); or by post to Land Registry (the address for the relevant office is printed on the title register — available at search.hmlr.gov.uk); (4) Processing time: straightforward DJP applications: 3–6 weeks via portal; up to 8–12 weeks by post (Land Registry has significant processing backlogs in 2026); (5) After the DJP is processed: the Land Registry removes the deceased's name from the proprietorship register and the surviving owner(s) are recorded as sole proprietor(s) or remaining joint proprietors. Request an updated copy of the title register (form OC1, fee £7) to confirm the change; (6) Mortgage: if there is a mortgage on the property, the lender's consent is typically not required to file the DJP — you are only updating the legal ownership record, not the mortgage. However, you should notify the lender as a matter of practice and check whether the mortgage terms require notification. Most lenders have a bereavement team who will update their records on production of the death certificate.

Tenants in common hold separate, identifiable shares in a property — there is no automatic right of survivorship. When a tenant in common dies, their share passes under their will (or under intestacy if they had no will). The process for updating the Land Registry title is different from joint tenancy and is more complex: (1) Executor's responsibility: the deceased's share vests in their executor (or administrator) on death. The executor holds the share as part of the estate until they deal with it — either by assenting it to a beneficiary or selling it; (2) What needs to happen: the executor must either: (a) assent the deceased's share to the person who is entitled to it under the will or intestacy (use form AS1 — Assent of registered charge or property); or (b) transfer the deceased's share to a buyer if the property is being sold (use form TR1 — Transfer of whole or part of registered title); (3) Required documents for Land Registry: form AP1 (application for registration); form AS1 or TR1 (assent or transfer); the Grant of Probate or Letters of Administration (original or official copy — not just a photocopy); evidence of the identity of the executor (form ID1 or ID5 if required by HMLR); proof of compliance with SDLT requirements (usually a return confirming nil SDLT on an inheritance assent); (4) Who prepares the AS1: the executor prepares and signs the AS1 as personal representative — not in a personal capacity. The AS1 should state: 'AB Jones as executor of the estate of CD Jones (deceased)'. The beneficiary then holds the property as a tenant in common alongside the surviving co-owner; (5) Selling the property: if the deceased's share is being sold rather than assented, a full conveyancing transaction is required. The executor and the surviving tenant in common will need to cooperate — the executor signs the TR1 as vendor and the surviving co-owner also signs. Proceeds of the deceased's share are paid into the estate account; (6) Land Registry fee: based on the value of the share being transferred — check the Land Registry fee scale at gov.uk/guidance/hm-land-registry-registration-services-fees.

Most tenants in common titles have a restriction entered on the Land Registry title register — a formal notice that prevents a sole registered proprietor from selling or mortgaging the property without involving a second person (a trustee or 'trust corporation'): (1) The standard Form A restriction: Form A restriction wording reads: 'No disposition of the registered estate by the proprietor of the registered estate, or by a trustee of land appointed by the court, under which capital money arises is to be registered unless authorised by an order of the court or unless the disposition is made by at least two proprietors of the registered estate or by a trustee corporation.' In plain English: if one of two tenants in common dies and the surviving co-owner tries to sell the property alone, the Land Registry will not register the sale — a second trustee must join in; (2) Why the restriction was entered: it was most likely entered when you purchased the property as tenants in common. A standard practice is for a solicitor to enter Form A when documenting tenants in common ownership. This prevents the surviving co-owner from selling and keeping the full proceeds without acknowledging the estate's share; (3) Overcoming the restriction to sell: to sell the property after one tenant in common dies, two trustees must sign the transfer (TR1). This is achieved by: appointing a second trustee (can be anyone including the executor or a beneficiary); both the surviving co-owner and the second trustee sign the TR1; on completion, the restriction is overreached and the buyer takes free of it; (4) Removing the restriction entirely: if the property has been assented to the surviving co-owner as sole beneficial and legal owner (e.g., they have inherited the deceased's share outright), the restriction can be removed by filing a form RX3 (cancellation of a restriction) at the Land Registry with evidence that the co-ownership has ended; (5) If no restriction exists: if there is no Form A restriction, the surviving co-owner can — in theory — sell the property without a second trustee. This is a potential loophole in tenants in common titles where the restriction was not entered at the time of purchase.

Unregistered land is land whose title has not been registered at the Land Registry — typically older properties purchased before the Land Registration Act 2002 made registration compulsory in all parts of England and Wales. When an unregistered property owner dies: (1) The title passes to the executor: the executor holds the legal title by virtue of the Grant of Probate. Under the Administration of Estates Act 1925, the estate vests in the executor immediately on death; (2) Abstract of title: to prove their title, the executor must produce an 'abstract of title' — a chain of deeds going back at least 15 years showing how ownership was established. Unregistered conveyancing can be more complex and expensive than registered; (3) Compulsory first registration trigger: any dealing with unregistered land after death triggers compulsory first registration at the Land Registry. This includes: an assent to a beneficiary; a sale of the property. First registration must be completed within 2 months of the dealing. Failure to register on time means the legal title reverts to the grantor (the estate) — a significant problem; (4) First registration process: apply to the Land Registry using form FR1 (first registration). Attach: all original title deeds; the Grant of Probate; form DL (list of documents); form ID1/ID5; SDLT certificate. The first registration process is more time-consuming than subsequent dealings — allow 6–12 months in 2026 due to HMLR backlogs; (5) Benefits of first registration: once registered, the title is held in the centralised Land Register. Future dealings are simpler; evidence of title is easier; Land Registry provides a state guarantee of title. In practice, first registration on death is an opportunity to modernise a family's property title.

The short answer depends on whether the property is jointly owned as joint tenants or tenants in common: (1) Joint tenancy — yes: a sale can proceed before or alongside the DJP filing. The surviving joint tenant (as the sole legal and beneficial owner after the right of survivorship operates) has full authority to sell the property. The conveyancer handling the sale will usually file the DJP as part of the conveyancing process or submit it simultaneously with the TR1. Some conveyancers require the DJP to be filed and the title updated before exchange of contracts to ensure the title register correctly reflects the legal position; (2) Tenants in common — no, not without a second trustee: a sole surviving tenant in common cannot sell or mortgage the property without a second trustee (to overreach the co-ownership trust). This means: the executor must be appointed as a second trustee (if they are not already a registered proprietor); both the surviving co-owner and the executor sign the TR1; completion can then proceed. This is standard in probate conveyancing and does not require the deceased's share to be formally assented first; (3) What about re-mortgaging: most lenders will not accept a remortgage application in the sole name of the surviving joint tenant until the DJP has been filed and the title updated. Confirm with the specific lender; (4) Practical tip — act promptly: delaying the DJP can cause problems when you later come to sell or remortgage. Conveyancers, buyers, and lenders want a clean title. File the DJP as soon as practicable after the death — the cost is low (£20 portal fee in 2026) and the process is straightforward for a joint tenancy.