Transferring a House After Death in Wales — Probate, Land Registry, and LTT

Property is almost always the largest asset in a Welsh estate — and the most complicated to transfer. Whether the property passes to a surviving spouse, is shared among children, or needs to be sold, the legal process differs depending on how the deceased owned it. Getting this wrong delays the transfer and can trigger unexpected tax liabilities.

Step 1: Establish How the Property Was Owned

Before doing anything else, the executor must determine how the deceased held the property. There are three main structures, and each leads to a completely different process.

Joint tenants: The most common structure for married couples. Both owners hold the property together, with no separate "share." On the death of one joint tenant, their interest passes automatically to the surviving owner by right of survivorship — immediately and outside the estate. No probate is required for this transfer. The surviving owner simply applies to the Land Registry to remove the deceased's name.

Tenants in common: Each owner holds a defined share (e.g., 50/50, or 60/40). When one owner dies, their share does not automatically pass to the survivor — it forms part of the estate and passes according to the will (or intestacy rules). Probate is required before the share can be transferred. This structure is commonly used by unmarried couples, business partners, or couples who want to protect their respective shares for children from a previous relationship.

Sole ownership: The property was owned entirely by the deceased alone. It forms part of the estate and requires probate before it can be transferred or sold.

To check how the property was owned, obtain the title register from the Land Registry online (a small fee applies). The title register will state whether the owners were joint tenants or tenants in common. If there is a restriction on the title register (for example, "a transfer cannot be made without the consent of the other party"), this indicates tenants in common.

Joint Tenancy — No Probate Required

For property held as joint tenants, the process is straightforward:

1. Complete Land Registry Form DJP (Disposition by Personal Representatives - Joint Proprietors)
2. Attach a certified copy of the death certificate
3. Send both to the Land Registry

The Land Registry will update the title register to remove the deceased owner's name. The surviving owner then holds the property as sole owner. No probate, no legal fees, no delay beyond the Land Registry's processing time.

Note: if the property was jointly owned but held as tenants in common, Form DJP does not apply. You need probate.

Tenants in Common or Sole Ownership — Probate Required

For property held as tenants in common or owned solely by the deceased, the executor must obtain a Grant of Probate (or Letters of Administration) before any transfer can be made. Attempting to transfer the property before probate is granted is void — the Land Registry will not register the transfer.

Once probate is granted, the executor transfers the property using:

• Form AS1 (Assent of Whole of Registered Title) — used when the entire property is being passed to a beneficiary as a gift (no money changing hands)
• Form AP1 (Change the Register) — accompanies the AS1 or any transfer to update the title register

For a property sale (rather than a transfer to a beneficiary), standard conveyancing forms are used — a TR1 (Transfer of Whole of Registered Title) by the executor as seller.

All Land Registry form submissions must include:

• The appropriate form (AS1, AP1, or TR1)
• Official copies of the Grant of Probate or Letters of Administration
• A certified copy of the death certificate
• Land Registry fee (varies by property value — check the current fee scale at hmlr.gov.uk)

Land Transaction Tax (LTT) Considerations

In Wales, property transfers are subject to Land Transaction Tax (LTT) rather than Stamp Duty Land Tax. The key rule for inherited property:

No LTT is payable when a property is transferred to a beneficiary under a will or intestacy rules and no "chargeable consideration" is exchanged. A simple gift from the estate to a beneficiary does not attract LTT.

LTT may be payable when:

• The beneficiary takes on the deceased's outstanding mortgage (the assumed debt counts as chargeable consideration)
• Equalisation payments are made between beneficiaries in connection with the property transfer
• The transfer is part of a more complex arrangement

If chargeable consideration is involved, an LTT return must be filed with the Welsh Revenue Authority within 30 days of the effective date of the transaction.

For a property sale to a third-party buyer (the buyer, not the estate, is responsible for LTT and any filing with the WRA).

Dealing With the Deceased's Mortgage

If the property has an outstanding mortgage, the executor must notify the mortgage lender as soon as possible. The lender will:

• Acknowledge the death
• Continue to charge interest and payments on the mortgage during the estate administration period
• Expect the mortgage to be repaid from the sale proceeds (if the property is being sold) or by the beneficiary taking on a new mortgage in their own name (if transferring to a beneficiary)

Mortgage payments may need to continue during probate to avoid arrears charges that could affect the property's value and the estate's accounts. If estate funds do not cover the mortgage payments during this period, discuss the situation with the lender early.

Unregistered Property in Wales

If the property does not appear on the Land Registry, it is unregistered land — a common situation for older rural Welsh properties. The death of a sole owner triggers compulsory first registration when the property is next transferred. The executor must locate the original title deeds before the transfer can proceed.

See the separate guide on Unregistered Land in Wales for the detailed process.

Practical Timelines

The most important step is establishing the ownership structure early — on day one of the estate administration — so that the right process is followed from the start and no time is lost.

The Wales Estate Settlement Guide includes a property transfer flowchart tailored to Welsh estates, covering all Land Registry forms, LTT filing requirements, and the specific steps for registered vs. unregistered property.

See more Wales guides →