Updating property records in England when someone dies, depends on whether they were the joint or sole owner of the property. This guide applies if the person passed on in Wales or England. The principles are the same in Scotland and Northern Ireland, but the details vary as they have their own registers.
Confirming Ownership on The Property Register
Obtain a property summary from the title register to confirm current ownership, before updating property records in England and Wales.
PROPERTY SUMMARY
- The property address, description, and type of ownership.
- Any ‘restrictive covenants’ preventing certain types of activity.
- Any ‘easements’ allowing another property’s rights over it.
TITLE REGISTER
- Title number, registered owner, and last price sold.
- Details of any mortgage, easement, or restrictive covenant.
TITLE PLAN
- The property’s location, boundaries, and adjoining land.
The above information will confirm or refute whether a particular person, or their estate, owns a piece of land in England. Click here to get an official copy of the register for the property.
The title register is the only official information you can trust when updating property records in England, and there is no substitute for it.
Updating Property Records (Joint Owner)
If a property has more than a single owner, and one of them dies, then you need to complete Form DJP to remove the deceased person’s name from the title register. Send the completed form with appropriate death confirmation to HM Land Registry as follows:
Address for members of the public
HM Land Registry Citizen Centre, PO Box 74, Gloucester, GL14 9BB.
Address for business customers
HM Land Registry (Insert the name of your closest office), PO Box 75, Gloucester, GL14 9BD.
DX address for business customers
HM Land Registry (Insert the name of your closest office), DX 321601, Gloucester 33.
The land registry has regional offices you could visit (although this should not be necessary) as follows:
Birkenhead, Coventry, Croydon, Durham, Gloucester, Hull, Fylde, Leicester, Nottingham, Peterborough, Plymouth, Swansea,Telford, Weymouth.
Updating Property Records (Sole Owner Dies)
Property ownership normally changes when a sole owner dies, and is transferred to the new owner. This new owner is likely to be:
- EITHER the beneficiary person or persons inheriting the property.
- OR a third party or parties who normally purchase the property.
Transferring to a beneficiary involves updating property records in England by submitting several forms to land registry. These are:
- Form API application to change the register where you provide all the necessary details and proof.
- Form ASI whole or registered title:assent which evidences your authority to make the application.
You must also include the following documents to complete your application to transfer property to a beneficiary:
- The original, or an official copy of the UK grant of probate or letters of administration.
- The stamp duty land tax certificate (or land transaction tax certificate if the property last sold in Wales).
- Forms ID1 verify identity: citizen for the beneficiary (and yourself if you are not the executor).
- The fee for submitting the application. Follow this link to a page that shows you how to calculate this.
How to Transfer the Property to a Third Party
If you sell the property to a third party instead, then you must apply to change the name of the owner on the land registry. You may wish to consider appointing a solicitor to do this for you, although this is not mandatory. Here’s what you need to do:
- Download and complete an application to transfer ownership of the property to the new owner.
- Give the purchaser an official copy of the grant of probate, or letters of administration issued in the UK
Your application to the land registry must also include:
- The original, or an official copy of the grant of probate, or letters of administration, issued in the UK
- The stamp duty land tax certificate (or land transaction tax certificate if the property last sold in Wales).
- The fee for submitting the application. Follow this link to a page that shows you how to calculate this.
How Avery Associates Assists With These Matters
Closing out a deceased estate involves sharing the assets fairly, in accordance with the law, and the known wishes of the deceased. The first step is to track down the assets, and value their worth objectively.
Avery Associates is a panel of professional valuers of rare and collectible possessions. We also assist with official RICS property valuations that are the hallmark for the real estate industry.
We are happy to provide free estimates for either of these services, and to clear a home as you desire after probate. Give us a call on Freephone 0800 567 7769, or contact our office on 0208 640 00 44.
You will find us friendly, approachable, and dedicated to maintaining the highest possible standards in our profession. You may wish to view our client feedback here before you call.
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