How to Transfer Property Ownership After Death

Knowing how to transfer property ownership after death is one of the most important practical tasks for an executor or surviving co-owner. The exact process depends on how the property was owned, whether there is a will, and whether the property is to be sold or transferred to a beneficiary. The Land Registry has clear procedures for each scenario but the paperwork must be exactly right or the application will be rejected. Here we explain exactly what you need to know about how to transfer property after death in England and Wales in 2026.

Find out how the property is owned

The first step is to obtain a copy of the title from the Land Registry. This costs £3 per title and shows whether the property is held as joint tenants, tenants in common, or in a sole name. The Land Registration Act 2002 governs how registered titles are dealt with after death.

For joint tenants the survivor becomes sole owner automatically by survivorship. For tenants in common, the deceased’s share forms part of the estate and passes under the will or intestacy rules. For sole-name property, the entire ownership passes through the estate.

Joint tenants — the survivor’s route

Where the property was held as joint tenants, the survivor applies to Land Registry using form DJP (deceased joint proprietor) together with an official copy of the death certificate. There is no Land Registry fee. The Registry updates the title to remove the deceased’s name, usually within two to four weeks.

This is the simplest and quickest of the routes. A grant of probate is not required.

Tenants in common or sole name — the executor’s route

Where the deceased held the property as tenants in common or in sole name, the executors must obtain a grant of probate before transferring the property. The grant gives them legal authority to deal with the title. They then complete form AS1 (transfer to a beneficiary) or form TR1 (transfer to a buyer on a sale) together with the necessary supporting documents and the appropriate fee.

Land Registry fees in 2026 are scaled by value but typically range from £40 to £455 for the transfer. The Inheritance Tax Act 1984 governs whether any inheritance tax must be paid before Land Registry will register the transfer — 2026 thresholds remain £325,000 nil-rate band plus up to £175,000 residence nil-rate band with 40% above.

Transferring to a beneficiary

If a beneficiary is inheriting the property rather than buying it, the executors complete an Assent (form AS1) which transfers the legal title to the beneficiary. The Stamp Duty Land Tax position depends on whether the transfer is genuinely an inheritance or involves any consideration — a pure inheritance is exempt from SDLT.

If the beneficiary takes on an existing mortgage, that may count as consideration for SDLT purposes. Take advice if the property is mortgaged and being transferred to a beneficiary rather than sold.

Selling the property after death

If the property is to be sold the executors market it (often before the grant is issued — see our estate administration guide) and complete the sale once the grant arrives. The TR1 transfers the title to the buyer, the grant of probate is registered at Land Registry as part of the application, and the proceeds go to the executors for distribution.

For more on the practical steps see our wider probate page and the Land Registry guidance.

Frequently Asked Questions

If you need to transfer a property after death and want help getting the Land Registry paperwork right first time, call us on 0800 214 216 for a same day callback. Mistakes at this stage cost weeks of delay and we can usually save you that time.

Written by Simon Jenkins, solicitor and director of Curtis Legal Limited (SRA 167489)