Hi Susan - to transfer the property to a beneficiary, you'll need to complete:
- form AS1 - Whole of registered title: assent. This guidance will help you complete this form correctly There is also a "Youtube" video which may assist you.
- If beneficiaries are buying others out, then a form TR1 Registered title(s): whole transfer is required in place of form AS1 [See also below for additional requirement]
- form AP1 - Change the register. This guidance will help you complete this form correctly. There is also a "Youtube" video which may assist you.
- Evidence of identity (please see below)
And send a
certified copy of one of the below:
- a grant of probate
- letters of administration
- a court order
Note: grants of probate or letters of administration issued outside the UK do not allow the personal representative to deal with land in the UK. You will need to either:
- have the foreign grant resealed
- make a full application for a grant of representation by the probate court
You can contact HM Revenue Customs (HMRC) for advice on probate.
Personal representative, or beneficiary [if different], is purchasing the property or buying out a share of another beneficiary for value
If a personal representative or beneficiary is purchasing the property, or a share of another beneficiary for value (rather than assenting to themselves as beneficiary or transferring to themselves to hold as trustee(s)), you will need to show that the transaction is for market value and is authorised either under the terms of the will, or under an order of the court, or with the consent of all beneficiaries of full age and capacity who are absolutely entitled. A conveyancer’s certificate is the normal evidence for this. If a conveyancer’s certificate cannot be obtained, any alternative evidence supplied will be assessed on its own merits.
Verifying your identity
Evidence of Identity is usually required for all parties to the transaction unless they are represented by a conveyancer. See Practice guide 67: evidence of identity for more information and the options available to you.
Find out more about Devolution on the death of a registered proprietor.
How much it costs
The fee is based on the value of the property under scale 2 of our registration services fees. However, if one or more beneficiaries is/are buying others out, then it is Scale 1 of our registration services fees on the consideration being paid.
Where to send your application
HM Land Registry address for applications.
You won't be able to sell unless the property is transferred into your name. The executor can complete the sale based on probate and that might be something for you to discuss with them and how they can do that and then you inherit the proceeds of the sale as appropriate
