Is probate required in all cases of transfer after death?

I am an executor of a will where one of the married partners has died and the surviving spouse is the sole beneficiary. This estate is known as an "excepted estate" for IHT and therefore probate is not required for transferring assets by all institutions we have contacted.
The problem is that during an extension to their main residence, which is in joint names on the title deeds and can be handled using the DJP  form,  a small strip of land was purchased from a neighbour and titled with the land registry under the sole name of the deceased. According to the land registry an AS1 and an AP1 can be used to transfer ownership but implies that probate is required.

As the land is attached to the main residence and the estate is deemed "excepted" is it possible to send just the death certificate and certified will clearly showing the beneficiary is the spouse with the AS1 and AP1 forms without probate

Hello Richard - If the small strip of land is registered on its own title and in the sole name of the deceased, we would require one of the following:  
 

• certified copies of the probate or letters of administration; or

• a Court Order appointing the disponor as the deceased’s personal representative; or

• a certificate given by a conveyancer that they hold the original or certified office copy of the probate, letters of administration or Court Order. The certificate must include confirmation the grant of probate, letters of administration or Court Order was granted in the United Kingdom. The certificate must also include confirmation that the grant of probate, letters of administration of Court Order is not limited. If you are unable to confirm that the grant is not limited, a certified copy of the probate, letters of administration or court order will be required.

Our Practice Guide 6 sets out the requirements.