Remove Deceased From Land Registry: Forms DJP and AS1 Explained
Remove Deceased From Land Registry: Forms DJP and AS1 Explained
Updating the Land Registry after a death feels daunting — the forms use legal terminology, and getting it wrong means your application bounces back. But in many cases, the process is straightforward enough to handle without a solicitor. The key question is how the property was owned.
Joint Tenants vs Tenants in Common
How the property was held determines everything:
Joint tenants: The surviving owner automatically inherits the deceased's share through "right of survivorship." This happens by operation of law — you don't need probate, a will doesn't affect it, and the transfer is relatively simple.
Tenants in common: Each owner holds a distinct share of the property. The deceased's share forms part of their estate and passes according to their will (or intestacy rules if there's no will). You'll need probate before the Land Registry will process the transfer.
If you're not sure how the property was held, check the title register. You can download this from HM Land Registry for a small fee. If the register includes a "restriction" stating that no disposition can be registered without the consent of a second trustee, the property is held as tenants in common.
Form DJP: For Joint Tenants
If the property was held as joint tenants, use Form DJP (Death of Joint Proprietor) to remove the deceased's name from the register. This is the simpler route.
You'll need:
- Completed Form DJP
- The original or certified copy of the death certificate
- The Land Registry fee (currently no fee if submitted with the death certificate only)
The form asks for basic details: the title number, the deceased's name as it appears on the register, and the date of death. There's no need for probate, no need for a will, and no involvement from HMRC.
Once processed, the register will show the surviving owner as the sole proprietor. The entire process typically takes 4 to 6 weeks.
Form AS1: For Transferring Property to a Beneficiary
If the property was solely owned by the deceased or held as tenants in common, transferring it to a beneficiary requires an Assent (Form AS1) — and this can only happen after probate is granted.
You'll also need Form AP1 (Application to Change the Register) to accompany the AS1.
The executor completes the AS1 to formally transfer ("assent") the property to the named beneficiary. Required documents:
- Completed Form AS1 (signed by the executor)
- Completed Form AP1
- Certified copy of the Grant of Probate or Letters of Administration
- The Land Registry fee (varies by property value, but typically £40-£150 for a transfer not involving a sale)
- Form ID1 or ID2 if the identity of parties needs to be verified
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Common Mistakes to Avoid
Using the wrong form. If the property was jointly held and you submit an AS1 instead of a DJP, it'll be rejected. Conversely, if the property was solely owned, a DJP won't work — the property must pass through the estate via probate.
Not checking for restrictions. Some titles have restrictions registered against them — for example, requiring a second trustee for any disposition. If you encounter this, you may need to appoint a second trustee before the transfer can proceed.
Forgetting to notify the mortgage lender. If there's an outstanding mortgage, the lender must consent to any change of ownership. Contact them before submitting Land Registry forms.
Delaying the update. While there's no strict deadline, failing to update the register can cause problems when the surviving owner or beneficiary later tries to sell, remortgage, or bequeath the property.
Do You Need a Solicitor?
For a straightforward DJP (joint tenants, no mortgage complications, no restrictions), most people can handle this themselves. The form is a single page, and the Land Registry provides detailed guidance notes.
For an AS1 transfer, the process is more involved — particularly if the property has a mortgage, multiple beneficiaries, or title restrictions. If you're uncomfortable with legal forms, a conveyancing solicitor will typically charge £300-£500 for this work.
Timeline and Processing
Land Registry typically processes a Form DJP application within 4-6 weeks. Form AS1 applications can take longer — up to 8-12 weeks during busy periods.
You can submit applications electronically through a conveyancer's portal, or by post to the appropriate Land Registry office. Paper applications take longer to process.
There's no strict deadline for updating the register after a death, but there are good reasons not to delay:
- Selling the property requires an updated register showing the correct owner
- Remortgaging can't proceed until the title reflects the surviving owner
- Council Tax may need the register updated to support exemption claims
- Insurance complications can arise if the registered owner is deceased
Scotland, Wales, and Northern Ireland
The Land Registry only covers England and Wales. If the deceased owned property elsewhere in the UK:
- Scotland uses Registers of Scotland — survivorship operates differently under Scottish law, and the process requires a separate application
- Northern Ireland has its own Land Registry with its own forms and procedures
For property in England and Wales, the same forms (DJP and AS1) apply regardless of whether the deceased lived in England or Wales — Land Registry jurisdiction follows the property location, not the owner's residence.
The England Survivor Benefits Navigator includes step-by-step walkthroughs for both Form DJP and Form AS1, with worked examples showing exactly how to complete each field.
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