Introduction
Dealing with the affairs of someone who has died is a challenging time, and if they owned a house, flat or other property there can be a lot of admin. One key task is updating the property records held by HM Land Registry in England and Wales.
This article explains the general process for updating records, and explains when it needs to be done. It’s important to remember that each situation is unique, and it is often a good idea to get legal advice when dealing with property. It’s a complex area and mistakes can have legal and financial implications.
What is the Land Registry?
HM Land Registry is the government body which records who owns land and property in England and Wales.
In Scotland there is an equivalent body called the Land Register of Scotland. This article explains the process of updating the Land Registry for England and Wales. Read about the process in Scotland.
The Land Registry keeps digital records of property and who owns it, including scans of title deeds. When someone dies who owned a house, flat or land, the records will need to be updated. There are different paths depending on whether the property is being transferred to you or another beneficiary, or whether it is going to be sold.
Who is responsible for updating the Land Registry?
When a property owner dies, someone is appointed to handle their affairs. This person is known as the executor (if the person who died had a will) or the administrator (if they didn’t have a will). This appointed person is responsible for the entire estate administration process, including dealing with the property. Often executors will use a solicitor or other professional to help with this process.
To get the legal authority to deal with the property owned by the person who died, the executor or administrator must go through probate and get the correct legal documents if:
if the person who died was the sole owner
if it was jointly owned as tenants in common.
If the property is owned as joint tenants, legal ownership will pass to the joint owner and probate won’t be needed before updating the register.
First steps: Identifying property ownership details
Before you can update property records, you need to know:
if the property was registered with HM Land Registry
how the person who died owned the property.
Most properties in England and Wales are registered. You can find information about a property using the Search for land and property information service on GOV.UK. This service can tell you if the property is registered and provide a summary of details or allow you to buy a copy of the register.
If you aren't sure if the person who died owned property, a solicitor can carry out certain searches to find registered property.
Updating records when a sole owner dies
If the person who died was the only person who owned the property, the executor or administrator deals with it according to the will (or the laws of intestacy if there’s no will). You will need probate before you do this, which usually takes some time.
There are two main scenarios for updating the register after a sole owner dies.
Transferring to a beneficiary: If the property is being transferred to a person named in the will (the beneficiary), the executor or administrator needs to transfer the legal ownership. This is done by completing form AS1 (Assent) and submitting it to HM Land Registry along with a completed application form AP1 (Change the register). You must also send a certified copy of the grant of probate or letters of administration and potentially form ID1 (Verify identity) for the beneficiary. If a plot of land is to be divided into new plots, then different paperwork is instead required and legal advice will be needed.
Selling to a third party: If the executor or administrator decides to sell the property to someone else who is not a beneficiary, you will need to transfer ownership. This is usually carried out by the solicitor or conveyancer handling the sale.
You can’t complete a sale until probate has been granted. However you can put the property on the market for sale and start the process of finding a suitable buyer. When to start is a matter of judgement - too soon and you risk losing a buyer due to probate delays, and might still have to pay some legal costs. Too late and you risk delaying the estate administration process as a whole. A good rule of thumb is putting it on the market around the time that the probate application is submitted.
Updating records when a joint owner dies
The process for updating property records when a joint owner dies depends on how the property was jointly owned.
Property held as joint tenants
If the property was owned as joint tenants, the legal ownership automatically passes to the surviving joint owner upon the death of the other owner. In this case, you typically only need to notify HM Land Registry of the death. This is done using the form DJP. Download the form from GOV.UK and return it to HM Land Registry with a copy of the death certificate. There is no charge for this service.
Property held as tenants in common
If the property was owned as tenants in common, the share of the person who died does not automatically pass to the surviving owner. Instead, it forms part of the estate, and must be dealt with according to their will (or the rules of intestacy if there wasn’t a will).
Dealing with property held as tenants in common is more complicated. Legal advice will usually be needed in these situations.
What if the property is not registered?
If the person who died owned an unregistered property, any transfer of that property (whether by sale, inheritance, or gift) will trigger the need for it to be registered with HM Land Registry for the first time.
If a joint owner dies and at least one other joint owner is still living, and the property is unregistered, you do not need to involve HM Land Registry unless you voluntarily choose to register it.
Protecting the property from fraud
Properties can be vulnerable to fraud after someone dies, especially if left unoccupied. Someone else could potentially pose as the owner. You can help protect a property from being fraudulently sold or mortgaged by signing up for HM Land Registry’s free Property Alert service. This service alerts you if someone applies to change the register of up to 10 properties, allowing you to take action. You don’t need to own the property to set up alerts.
Seeking professional guidance
Dealing with property after a death involves legal and financial considerations. HM Land Registry does not register wills or deal with probate and cannot give advice, only tell you what forms and requirements are needed once you've decided.
Land registration is complex, and mistakes can bring significant problems. If you aren’t sure of any step, we’d recommend you seek legal advice.
Other things to remember when dealing with property
Updating property records is just one part of dealing with a property after someone dies. There are other important tasks to consider as part of the estate administration process:
securing the property and keeping it safe, especially if it is empty
organising specialist insurance for unoccupied property
telling utility companies
arranging mail redirection
clearing the property if it is to be sold.
Frequently asked questions about updating the Land Registry
Do I need to update the Land Registry when someone dies?
Yes, generally, you need to update the property records with HM Land Registry when a property owner dies. If the property is registered, updating the register is needed when it is sold or transferred. If it's unregistered, transferring ownership will trigger the need for first registration.
How do I change house ownership after death?
The method for changing house ownership after death depends on whether the person who died was a sole owner or a joint owner, and who the property is being transferred to. For a sole owner, the executor or administrator can arrange transfer to a beneficiary. If it is sold, a solicitor or conveyancer will arrange for the register to be updated. You will need a grant of probate or letters of administration. For joint owners, if the property was held as joint tenants, ownership passes to the survivor, and you can use form DJP to update the register. If the property was held as tenants in common, the process is more complex and legal advice is recommended. All forms are available at GOV.UK.
What happens to a jointly owned property if one owner dies in the UK?
If the property was owned as joint tenants, the legal ownership automatically passes to the surviving joint owner. You can use form DJP to notify HM Land Registry and update the register by removing the name of the person who died. If the property was owned as tenants in common, the person’s share becomes part of their estate to be distributed according to their will or the rules of intestacy. This is more complex, and usually legal advice will be needed to deal with the property.
Do you have to change the name on house deeds when someone dies?
Yes, the house or title deeds (more accurately, the title register held by HM Land Registry for registered properties) need to be updated to reflect the change in ownership or to remove the name of the person who died. This makes sure the legal ownership is correctly recorded, and can avoid problems and delays when the house is next sold or transferred. You will need to submit specific forms and supporting documents to HM Land Registry.
Do I need to find the original title deeds of a property to deal with it after someone dies?
If a property is registered correctly in the Land Registry you don’t need a physical copy of the title deeds to sell or transfer a property. But if you do have the originals it’s a good idea to keep hold of them while you are responsible for the property.
How Trustestate can help
Dealing with the admin after someone dies can be a challenging and overwhelming process. Let Trustestate take out the hassle for a fixed transparent fee. We offer a simple, streamlined service with expert support at every stage. Book a free call with one of our experts to find out more.
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