Probate & Estate Administration
Transferring Property After Death in England and Wales (2026)
How a property transfers after death depends entirely on how it was owned. Joint tenants can update the Land Registry without probate. Tenants in common and sole owners need probate first, then a formal assent or sale. This guide covers every route, the forms needed, SDLT, and CGT.
Quick guide: which route applies to your property?
| Ownership type at death | Probate needed? | Process | Land Registry form |
|---|---|---|---|
| Joint tenants (right of survivorship) | No | Survivorship — automatic transfer to surviving owner | DJP + AP1 + death certificate |
| Tenants in common — transfer to beneficiary | Yes | Probate → AS1 assent to named beneficiary | AS1 + AP1 + grant of probate |
| Sole owner — transfer to beneficiary | Yes | Probate → AS1 assent to named beneficiary | AS1 + AP1 + grant of probate |
| Any ownership — sale to third party | Yes | Probate → TR1 transfer to buyer | TR1 + AP1 + grant of probate |
Not sure whether you own as joint tenants or tenants in common? Check the title register at the Land Registry (£3 fee online) — a "Form A restriction" indicates tenants in common; no restriction indicates joint tenancy in most cases.
Route 1: Joint tenancy — no probate needed
If the property was owned as joint tenants, the deceased's share passes automatically to the surviving owner by operation of law. You do not need probate for this transfer. The process is a Land Registry administrative update.
- Obtain the official death certificate (original or certified copy)
- Download and complete Form DJP (Deceased Joint Proprietor) from the Land Registry website — free form
- Complete Form AP1 (application to change the register)
- Pay the Land Registry fee (currently £20 for applications by post; check GOV.UK for current fees)
- Submit to the Land Registry by post or through a solicitor using the portal
- Receive the updated official copy title — typically 6–12 weeks
No SDLT. No CGT. No solicitor required (though many use one). The surviving owner becomes the sole registered owner once the updated title is issued.
Route 2: Tenants in common or sole ownership — transfer to beneficiary
Where the deceased owned the property as a sole owner or as a tenant in common (and the property is to be transferred to a beneficiary rather than sold), the executor or administrator must:
- Obtain the grant of probate or letters of administration — the executor cannot deal with the property until the grant is issued. See our guide on how to apply for probate.
- Identify the beneficiary — from the will (or intestacy rules if no will). The property passes to the named person or those entitled under intestacy.
- Complete Form AS1 — the assent of the whole of a registered title. Signed by the executor (witnessed) and accepted by the beneficiary.
- Complete Form AP1 — the application to register the change of ownership at the Land Registry.
- Provide ID1 forms for parties not legally represented (the executor and/or beneficiary).
- Attach the grant of probate — original or certified copy.
- Pay the Land Registry registration fee — based on the property value (e.g., £100 for a property worth £100,001–£200,000; check the GOV.UK Land Registry fee scale).
- Submit and wait — typically 6–12 weeks for registered land; longer for complex applications.
An assent to a beneficiary under a will or intestacy is not subject to SDLT (no chargeable consideration). The beneficiary takes the property at probate value for CGT purposes.
Route 3: Selling the estate property
If the estate property is to be sold — either because the beneficiaries want cash, or because the estate needs to realise funds to pay IHT or debts — the executor uses the standard TR1 transfer form once probate is obtained.
- The executor instructs an estate agent and a conveyancer (solicitor or licensed conveyancer)
- The conveyancer prepares a TR1 and deals with the buyer's solicitor in the usual way
- The grant of probate (or letters of administration) is provided to the buyer's solicitor to evidence the executor's authority
- SDLT is payable by the buyer at standard rates
- CGT may be payable by the estate if the sale price exceeds the probate value — the estate has a £1,500 annual exempt amount (2025/26)
- Sale proceeds are distributed to beneficiaries after payment of debts, IHT, and administration costs
FAQs
How does property transfer after death without probate in the UK?
Property can transfer without probate in two situations: (1) joint tenancy survivorship and (2) certain assets that pass outside the estate. JOINT TENANCY SURVIVORSHIP: if two or more people own a property as joint tenants (not tenants in common), the right of survivorship applies. On the death of one joint tenant, their share automatically passes to the surviving joint tenant(s) by operation of law — no probate is needed for that transfer. The surviving owner simply needs to update the Land Registry title to remove the deceased owner. This is done using: Form DJP (Deceased Joint Proprietor) — completed by the surviving owner; the original or official copy death certificate; a covering letter. HMCTS Land Registry processing time: typically 6–12 weeks. The surviving owner does not need to wait for probate. They can deal with the Land Registry directly, or use a solicitor to do so. No SDLT, no conveyancing formalities — just a Land Registry administrative process. TENANTS IN COMMON OR SOLE OWNERSHIP: if the deceased owned the property as sole owner, or as a tenant in common with another person, the property forms part of their estate and probate is required before the property can be transferred or sold. The surviving co-owner (as a tenant in common) does not automatically inherit — they retain their own share but cannot deal with the deceased's share without the estate being administered.
What is a Land Registry assent and when do I need one?
An assent is the formal legal document by which the personal representative (executor or administrator) of an estate transfers a property to a beneficiary. It is not a sale — it is a gift or distribution of an estate asset. Form AS1 (assent of the whole of a registered title) is the standard Land Registry form for assenting a property. HOW IT WORKS: (1) probate or letters of administration is obtained first — the grant gives the executor legal authority to deal with estate assets; (2) the executor then executes an AS1 in favour of the beneficiary named in the will (or the intestacy beneficiary); (3) the AS1 is registered at the Land Registry, which updates the title register to show the beneficiary as the new owner. WHAT IS NEEDED: the completed AS1 signed by the executor (witnessed) and accepted by the beneficiary; the original grant of probate or letters of administration (or a certified copy); the original title deeds or official copy title register; Form AP1 (application to change the register); ID1 (identity form) for parties not legally represented. SDLT ON ASSENTS: a straightforward assent of property to a beneficiary pursuant to a will or intestacy does not attract stamp duty land tax (SDLT). The beneficiary takes the property free of SDLT. SDLT would only arise if the beneficiary provides consideration (e.g., pays off a mortgage on the property as part of receiving it, and that consideration exceeds the SDLT threshold). CGT ON ASSENTS: the assent itself does not trigger CGT — the beneficiary receives the property at probate value and any future gain is measured from that base cost.
What happens if the estate property needs to be sold rather than transferred?
If the beneficiary wants to sell the property rather than take it, or if the estate needs to realise cash to pay debts or IHT, the executor can sell the property during administration without transferring it to the beneficiary first. EXECUTOR'S POWER OF SALE: executors have a statutory power to sell estate property under the Administration of Estates Act 1925 and the Trustee Act 2000. They do not need the beneficiary's consent to sell (unless the will restricts this), but they must act in the best interests of the estate. FORM TR1: a sale by the executor (as vendor) to a third-party buyer uses the standard Land Registry transfer form TR1. The executor signs as seller; the buyer is the purchaser. The executor should produce a certified copy of the grant of probate to demonstrate their authority to sell. SDLT ON SALE: a sale in the open market attracts SDLT at normal rates. The buyer pays SDLT; the estate does not. CGT ON SALE: the executor may be liable to CGT if the property has increased in value above the probate value (the CGT base cost) before the sale. The estate has an annual exempt amount of £1,500 (2025/26 for estates). Gains above this are taxed at 24% (residential property) on the administration period gain. BENEFICIARY SELLING AFTER ASSENT: if the executor assents the property to the beneficiary and the beneficiary then sells it, CGT is on the gain above the probate value at the beneficiary's rates — 18% (basic rate) or 24% (higher rate) for residential property.
How do I remove a deceased person's name from a jointly owned property?
To remove a deceased joint tenant's name from the title register, the surviving owner completes a simple Land Registry application — no probate is required. STEP 1 — GATHER DOCUMENTS: original or certified copy of the death certificate; completed Form DJP (Deceased Joint Proprietor form, available free on the Land Registry website); application form AP1 (to accompany the DJP); fee: currently £20 for an electronic application (changes to Land Registry fees should be checked on the current GOV.UK fee scale). STEP 2 — VERIFY THE PROPERTY'S TENURE: check the title register to confirm the property is registered and owned as joint tenants (not tenants in common, which is a restriction showing on the title — if a 'Form A restriction' appears on the title, the property may be held as tenants in common and survivorship does not apply). STEP 3 — SUBMIT TO LAND REGISTRY: applications can be made online via the Land Registry portal if you are a conveyancer; otherwise, paper applications are submitted by post to the relevant Land Registry office. Approximate processing time: 6–12 weeks. STEP 4 — UPDATED TITLE REGISTER: the Land Registry issues an updated official copy of the title showing only the surviving owner. FOR UNREGISTERED PROPERTY: if the property is not registered with the Land Registry (older properties may be unregistered), the surviving owner should use the death as an opportunity to first register the property, then register the title in their name alone. An application to register unregistered land uses Form FR1.
Does transferring property after death attract stamp duty (SDLT)?
In most cases, no. There are clear SDLT rules for property passing on death. NO SDLT ON: (1) property passing by survivorship from a joint tenant — this is an automatic legal mechanism, not a transaction; (2) an assent of property from an executor to a beneficiary under a will or intestacy — provided the beneficiary gives no chargeable consideration. SDLT DOES APPLY ON: (1) a sale of estate property in the open market by the executor to a third party — the buyer pays SDLT at standard rates; (2) an assent to a beneficiary where the beneficiary gives consideration (e.g., the beneficiary takes over a mortgage on the property — the value of the mortgage assumed is chargeable consideration for SDLT, potentially triggering SDLT if it exceeds the applicable threshold). DEED OF VARIATION: if a beneficiary varies the inheritance under a deed of variation and redirects property to someone else, the SDLT position depends on whether the redirected transfer involves any consideration. A simple deed of variation redirecting a gift to a charity or family member for no consideration is not subject to SDLT. MULTIPLE DWELLINGS RELIEF: was abolished from 1 June 2024 — no longer available even for estate sales involving multiple properties. LAND TRANSACTION TAX (LTT): in Wales, LTT applies instead of SDLT. The same principles broadly apply — assents to beneficiaries without consideration are not chargeable transactions. LBTT: in Scotland, Land and Buildings Transaction Tax applies, with similar rules.
Related guides
Plan how your property passes in your will
A clear will specifying how your property should pass — and to whom — avoids ambiguity and simplifies the transfer process for your executors. WillSafe UK's will kits are designed for England and Wales.