Probate and Land Registry UK (2026): How to Transfer Property After Death

Yes — whenever property changes hands on a death, the Land Registry title register should be updated to reflect the new owner(s). For jointly owned property (joint tenants), the surviving owner should register the death so the title shows them as sole owner. For property passing under a will or intestacy, the personal representative must either assent the property to the beneficiary or sell it, and the Land Registry must be notified in either case. You are not legally required to update the register immediately — but you should do so before any dealing with the property (sale, remortgage, or transfer), and leaving it unregistered can create complications. Land Registry fees apply in each case.

Where property is held as joint tenants and one owner dies, the surviving joint tenant should apply to the Land Registry using Form DJP (Death of a Joint Proprietor). You need to complete Form DJP, and attach a copy of the death certificate (a certified copy or the original, which the Land Registry will return). You do not need a grant of probate — survivorship operates automatically. The application is made to the Land Registry with the appropriate fee and results in the Land Registry updating the title to show the surviving owner as the sole registered proprietor. This process is relatively straightforward and can often be done without a solicitor. Current Land Registry fee for DJP is typically in the lowest fee band.

Form AS1 is the Land Registry form used when a personal representative (executor or administrator) formally passes ownership of a property to the person entitled under a will or the intestacy rules (the beneficiary). The assent is the legal act by which the personal representative confirms that the property is no longer needed to pay estate debts and transfers it to the beneficiary. The executor signs the AS1 form (using their capacity as personal representative), the beneficiary takes title. The AS1, along with a certified copy of the grant of probate or letters of administration and the Land Registry fee, is lodged with the Land Registry to register the beneficiary as the new proprietor. Assents cannot be made before the grant is issued.

An assent (Form AS1) is used when the property passes from the personal representative to a beneficiary — there is no sale and no price is paid. The property moves for zero consideration as part of the estate administration. A transfer (Form TR1) is used when the property is sold by the personal representative, or when the personal representative transfers it to a beneficiary for value (e.g. a buyout between siblings). TR1 is also used when a beneficiary who received the property later sells it to a third party. SDLT (stamp duty land tax) is not normally payable on an assent because there is no chargeable consideration; it is potentially payable on a TR1 at market value. HMRC's SDLT rules apply to both forms of transaction — the personal representative should complete SDLT return Form SDLT1 for any chargeable transaction.

Yes. The Land Registry accepts DIY applications. The DJP (death of joint tenant) is the simplest — you complete the form and send it with the death certificate. AS1 and TR1 applications are more complex: you must ensure the grant of probate is correct, the forms are properly executed, and the title register is in a state to accept the application (for example, any restriction on the title must be dealt with). Many executors do handle straightforward AS1 assents themselves, particularly when the property has no mortgage and goes to a single beneficiary. If the title has complications — a Form A restriction (tenants in common), an outstanding mortgage, a home rights notice, or a Caution — it is advisable to use a conveyancer. The Land Registry's practice guides (PG24, PG35) give detailed guidance on each application type.

Land Registry processing times vary significantly. In 2026, straightforward AS1 applications lodged via the Land Registry's online portal (using an e-lodgement solicitor account) can be completed in 2–8 weeks for simple titles. Paper applications — which personal representatives acting in person must use — take considerably longer, often 3–6 months due to the backlog of paper applications. Complex applications involving requisitions (Land Registry queries or requests for additional evidence) take longer. There is no way to expedite a standard application. Planning for 3–6 months from lodging the application to registration is prudent if you are acting as a personal representative without professional help.

Land Registry fees depend on the property's value. For a DJP (death of joint tenant), a flat fee applies — currently in the lowest fee band (£20–£45 depending on whether lodged online or by post). For an AS1 assent (transfer to a beneficiary for no consideration), the fee is based on the property's market value at the date of assent, using the 'scale 2' fee table. For a TR1 transfer on sale (e.g. following a probate house sale), the full scale 1 fee applies based on the sale price. Fees range from £20 for very low-value properties to £910 for properties over £1 million (at current rates). Check the current fee order on the Land Registry website before lodging — fees are updated periodically.