• It's crucial to inform the Land Registry when a property owner dies; especially if they were a sole owner.
• Failure to notify the Land Registry can lead to complications and delays in selling the property, transferring ownership, or accessing funds.
• Outdated records increase the risk of identity theft in property ownership claims. Fraudulent loans and sales could be granted, leading to significant financial losses for any new owner and rightful inheritors.
• If the executor (personal representative) of the deceased's estate tries to sell the property without informing the Land Registry, potential buyers might encounter issues when conducting property searches. This will delay the sale, could reduce the property's value, and cause frustration for all parties.

What to do when someone dies: a step-by-step guide

Here is a breakdown of the process with emphasis on probate, property, and estate management.

• 1

  Register the death and tell the government

• Use the Tell Us Once Service to notify multiple government agencies about the death. This will streamline the process and reduce the administrative burden.
• In addition to using Tell Us Once, you may need to inform other government agencies directly, such as the Department for Work and Pensions (DWP), HM Revenue & Customs (HMRC), and Driver and Vehicle Licensing Agency (DVLA).

• 2

  Arrange the funeral

• Make arrangements for the funeral or memorial service.

• 3

  Deal with benefits, pension, and taxes

• Update any benefits, pensions, or tax records in light of the death.

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• 4

  Value the estate and check the Inheritance Tax

• Assess potential Inheritance Tax liabilities from the estate's value. There's normally no Inheritance Tax to pay if the value of the estate is below the £325,000 threshold (the Nil-Rate Band) or if everything above the threshold is left to a spouse, civil partner, a charity, or an amateur sports club.
• If the entire estate or any remaining part after deducting the Nil-Rate Band is left to a spouse or civil partner, no Inheritance Tax will be due.
• When estimating the estate, include the value of all assets owned by the deceased at the time of their death, any gifts they gave within 7 years before their death, and the value of any trusts in which the deceased had a beneficial interest.
• It's important to note that joint tenants automatically pass on assets like land or property to the other owner if one of them dies.
• Form IHT400 must be submitted within 12 months of the person dying, or there may be a penalty fare to pay.

• 5

  Apply for probate

• If the deceased left a will, apply for probate to obtain the legal authority to administer the estate. If there is no will, apply for letters of administration.
• No plans should be made to sell a property in an estate until probate is granted.

• 6

  Deal with the estate and update property records

• Once probate or the letters of administration are granted - the executor or administrator manages the deceased's assets, pays debts, and distributes the remaining estate according to the will or the rules of intestacy.
• Ensure that all property records, including those at the Land Registry, are updated to reflect the deceased's death and any changes in ownership.
• Get in touch if you'd like help with estate management, grant of probate, or letters of administration.

Do you have to inform the Land Registry when a joint owner dies?

If two or more people own a property as joint owners, the surviving joint tenant(s) automatically become the sole owner(s) of the property upon the death of one of the joint tenants. This is known as the right of survivorship.

The death certificate will need to be sent to the Land Registry to transfer the registered title of the property into the name(s) of the surviving joint owner(s).

If the property is owned as joint tenants but unregistered, you should register the property with the Land Registry to officially transfer ownership to the surviving tenant's sole name.

• No will required:

  The property passes to the surviving joint tenant(s) regardless of their will.

• Equal shares:

  Each joint tenant owns an equal share of the property.

• No probate:

  Probate is generally not required for joint tenancy property.

Tenants in common

If two or more people own a property as tenants in common, each person owns a specific share of the property. Upon the death of one tenant in common, their share of the property will pass to their beneficiaries according to their will or the rules of intestacy.

• Will required:

  If a tenant in common dies without a will, their share of the property will be distributed according to the rules of intestacy.

• Unequal shares:

  Tenants in common can own unequal shares of the property.

• Probate may be required:

  Probate may be required to transfer the deceased tenant's share of the property to their beneficiaries. See below for information on when a sole owner dies.

Do you have to inform the Land Registry when a sole owner dies?

If a property is owned by a single person (sole owner), upon their death, the deed to the property will pass to their beneficiaries according to their will or the rules of intestacy.

• Will or intestacy:

  The deceased's will or the rules of intestacy will determine who inherits the property.

• Probate required:

  Probate is typically required to transfer property ownership to the beneficiaries.

• Administration of the estate:

  The executor or administrator of the estate will be responsible for dealing with the property, including selling it if necessary.

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