Yes, you absolutely need to change title deeds when someone dies, but the process varies significantly depending on whether the property was owned jointly or solely, and failure to update these records can cause serious complications when you later need to sell or transfer the property.
The statistics paint a clear picture of how long these processes take in reality. According to recent HM Land Registry data, property ownership transfers are completed as follows: 28.8% within one day, 8.8% within one week, 30.6% within one month, and 31.8% taking over one month to finalise.
Meanwhile, probate applications now take an average of 16 weeks to process, with straightforward cases requiring 6-9 months to complete from start to finish. These timeframes can feel overwhelming when you’re already dealing with the emotional burden of losing someone close to you.
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Do You Need To Change Title Deeds When Someone Dies?
The way property ownership was held before death makes all the difference to what happens next. If your loved one owned their home jointly with someone else as ‘joint tenants’, the property automatically passes to the surviving owner through what’s called the ‘right of survivorship’. However, you’ll still need to update the official records to remove the deceased person’s name.
For properties held as ‘tenants in common’, each person owns a specific share (often 50/50), and when one dies, their share doesn’t automatically transfer to the co-owner. Instead, it becomes part of their estate and must be dealt with according to their will or intestacy rules.
When someone was the sole owner, the property forms part of their estate and will either be transferred to beneficiaries or sold, but both require obtaining probate first.
What Forms Do You Need to Change Title Deeds After Death?
The paperwork required depends entirely on your specific circumstances. Here’s what you’ll need for different situations:
For Joint Owners (Joint Tenants)
Form DJP to remove the deceased person’s name from the register
Death certificate
Proof of identity for the surviving owner
For Sole Owners Transferring to Beneficiaries
Form AP1 (‘Change the register’)
Form AS1 (‘Whole of registered title: assent’)
Original or official copy of grant of probate or letters of administration
Form ID1 for identity verification
Stamp Duty Land Tax certificate if applicable
For Properties Being Sold by the Estate
Standard transfer forms (TR1)
Grant of probate or letters of administration
All relevant tax certificates
How Long Does It Take to Change Title Deeds When Someone Dies?
The timeframe varies enormously depending on your circumstances, but here’s what you can realistically expect:
| Ownership Type | Process Required | Typical Timeframe | Key Factors |
|---|---|---|---|
| Joint Tenants | Form DJP submission | 4-8 weeks | Straightforward process |
| Sole Owner to Beneficiary | Probate + Transfer | 6-12 months | Depends on estate complexity |
| Tenants in Common | Probate + Transfer | 6-12 months | Share allocation affects timing |
| Estate Sale | Probate + Sale Process | 8-18 months | Market conditions matter |
The table above shows the stark reality of property transfer timescales. Joint ownership situations are relatively quick to resolve, whilst sole ownership cases require the full probate process, which can be lengthy and emotionally draining for families.
Do You Need Probate to Change Title Deeds?
Whether you need probate depends on how the property was owned:
Joint tenants: No probate required – the property passes automatically, but you still need to update the register
Sole ownership: Probate is almost always required before any transfer can take place
Tenants in common: Probate needed to establish who inherits the deceased’s share
Unregistered property: May require first registration alongside probate proceedings
The probate requirement often comes as a shock to families who assumed everything would transfer automatically. One Reddit user shared their experience: “My dad died in 2022, they were married for 30 something years in a paid off house… but the solicitor has said this is an issue as she only owns half the house. The other half is owned by my dad, who is dead”. This highlights how even long-married couples can face unexpected complications if their property was held as tenants in common rather than joint tenants.
What Happens If You Don’t Update Title Deeds After Death?
Failing to update property records creates a ticking time bomb of complications. The consequences can be severe:
Cannot sell the property – Buyers’ solicitors will spot outdated ownership records immediately
Legal disputes – Unclear ownership can lead to family arguments about who has rights to the property
Financial penalties – Delays in dealing with estates can trigger inheritance tax issues
Administrative headaches – The longer you leave it, the more complex the paperwork becomes
Increased costs – Professional fees mount up when problems aren’t addressed promptly
How Much Does It Cost to Change Title Deeds When Someone Dies?
The financial cost varies depending on your situation, but you should budget for:
Land Registry fees: £40-£910 depending on property value and complexity
Probate application fees: £273 for estates over £5,000
Solicitor fees: £500-£3,000+ for straightforward cases
Additional costs: Death certificates, property valuations, potential tax liabilities
These costs can feel overwhelming when you’re already dealing with funeral expenses and emotional stress. The Reddit community has shared numerous stories of unexpected fees, with one user reporting: “She’s now been told it may take a year to transfer the house to 100% hers and she’s been charged a couple of grand to do this”.
Can You Sell a Property Without Updating the Title Deeds First?
The short answer is no – you cannot complete a property sale without having the correct ownership details on the title deeds. Any buyer’s solicitor will insist on seeing up-to-date records showing who has the legal right to sell the property.
However, this doesn’t mean you can’t start the selling process. Many property buying companies, including Property Saviour, understand these complexities and can work with you whilst the legal paperwork is being sorted. We’ve helped countless families who need to move quickly but are stuck waiting for probate or title deed updates.
What If the Property Was Owned by Tenants in Common?
When property is held as tenants in common, each owner has a distinct share that doesn’t automatically pass to the survivor. This situation requires careful handling:
The deceased’s share becomes part of their estate and must be distributed according to their will or intestacy rules. If the surviving co-owner is inheriting the deceased’s share, you’ll use Form DJP to update the records. However, if the share is going to different beneficiaries, you’ll need Form TR1 to transfer ownership to the new parties.
This complexity often catches families off guard, particularly when they assumed everything would pass automatically between spouses or partners.
How to Check What Type of Ownership You Have?
Before you can decide which forms to complete, you need to understand how the property was owned. You can obtain this information by:
Requesting title deeds from HM Land Registry (costs £3 per property)
Looking at the proprietorship register section
Checking for any ‘restriction’ entries that indicate tenants in common ownership
Reviewing the original purchase documents if available
What Documentation Do You Need to Gather?
Getting organised early makes the entire process smoother. Here’s what you’ll need:
Essential documents for all cases:
Death certificate (multiple certified copies recommended)
Property title deeds or Land Registry documents
Proof of identity for all parties involved
Additional requirements for probate cases:
Original will (if one exists)
Grant of probate or letters of administration
Inheritance tax forms (if applicable)
Property valuation for probate purposes
When Should You Seek Professional Help?
Whilst some straightforward cases can be handled independently, certain situations require professional assistance:
Complex family situations with multiple beneficiaries
Disputes about property ownership or inheritance
Properties with unusual ownership structures
International elements (foreign wills or overseas beneficiaries)
Time-sensitive situations where delays could be costly
The emotional toll of handling these matters whilst grieving shouldn’t be underestimated. Professional help isn’t just about legal expertise – it’s about having someone guide you through an overwhelming process with empathy and understanding.
Special Considerations for Inherited Properties
Inheriting property brings unique challenges beyond just updating title deeds. You might face:
Capital gains tax implications when you eventually sell
Ongoing maintenance responsibilities for properties you don’t want to keep
Insurance requirements whilst the property remains empty
Council tax obligations that continue regardless of occupancy
These factors often make families realise they’d rather sell quickly than hold onto inherited properties long-term.
At Property Saviour, we understand that inheriting property isn’t always the blessing it might seem. Sometimes you need a quick, guaranteed sale to move forward with your life. Our we buy any property service provides certainty when you need it most, allowing you to focus on healing rather than wrestling with complex property matters.
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