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TRANSFERRING PROPERTY AFTER DEATH

Discover the detailed process of transferring property after death, covering both solely owned and jointly owned properties, in our all-inclusive guide.

When someone passes away, there are many tasks to handle. If they owned a home, you need to sort out what happens to it. The property can be sold or transferred to a new owner according to the will or intestacy rules. But how do you transfer property ownership after someone dies? Is the process different for homes owned by one person versus those owned jointly? And do you need to inform the land registry? We'll explain the details of transferring property ownership.

Transferring a jointly owned property

Transferring a property with multiple owners can be tricky. The process depends on how the property is owned together. It can be either:

Joint tenants
Tenants in common

For joint tenants, the process is straightforward. None of the owners have a specific share. When one owner dies, the surviving owners automatically inherit the whole property, even if the deceased wanted to leave their share to someone else in their will.

For tenants in common, each owner has a specific share (like 50%). When one owner dies, their share is passed on according to their will. If there's no will, the intestacy rules apply. The surviving owner(s) will need to work with the executors or administrators of the deceased owner’s estate to manage the transfer of ownership.

Transferring a property by a sole owner

If the property is registered at the Land Registry, transferring it when the sole owner dies is straightforward. The property goes to the person(s) named in the will or, if there's no will, to the next in line according to intestacy rules. An executor or administrator (whoever is handling the estate) will oversee the transfer, making sure it goes to the right person.

There may be situations where it isn’t appropriate to transfer the property. For example, the deceased’s will may require the executor to sell the property, it may have to be sold to settle debts of the estate, or the beneficiaries of the deceased’s estate may just prefer to receive the cash proceeds than the actual property.

A hand holding a module house — Image credit: Shutterstock/ Ground Picture

Transferring property FAQs

How long do you have to transfer property after death?

Transferring property after someone passes away can take a few months to a year. The time it takes depends on several things:

If there's a will: The process is usually quicker and easier. Without a will, an administrator needs to be appointed, which takes more time.
Complex estates: If the estate is complicated, like having a tax liability over £10,000, it can slow things down.
Will disputes: Any disagreements about the will can cause delays.
Land Registry delays: Sometimes, there are hold-ups at the Land Registry
If the property isn’t registered: Transferring ownership generally takes longer when the property isn’t registered with the Land Registry. The process can be even more challenging if the original title deeds can’t be found, as alternative evidence will be needed before the transfer can go ahead.

Do you have to inform the Land Registry when someone dies?

For properties owned by one person, the executor or administrator needs to send an "Assent" document and the grant of probate or letters of administration to the Land Registry. This proves they have the authority to transfer the property to the beneficiary. Executors can use legal services to handle applying for probate, which can be a complicated process.

For joint tenants, the Land Registry requires the deceased's death certificate to update the title deeds to the surviving owners. The surviving owners must also complete form DJP so that the deceased’s name can be removed from the register.

For tenants in common, there's no need to inform the Land Registry about a death. The notification of the death can take place at the same time as transferring the deceased’s share of the property to their beneficiaries. However, the property must be registered with the Land Registry for any transfer to happen. If it isn’t already registered, the surviving owners will need to complete the registration first.

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Saga is a registered trading name of Saga Personal Finance Limited, which is registered in England and Wales (company number 3023493). Registered office 3 Pancras Square, London, N1C 4AG. Saga is not authorised or regulated by the Solicitors Regulation Authority (SRA). All legal services are provided by Co-op Legal Services. Co-op Legal Services is a trading name of Co-operative Legal Services Limited which is authorised and regulated by the SRA, under registration number 567391.