There are many things to consider when a property owner passes away. A solicitor would often be involved in dealing with the issues related to the deceased person’s property and will find out if they were the sole owner or if they owned part of the property.  

The first thing to look at is the deceased person’s will which states the name of the person who will deal with the property after their passing. In the absence of a will, it would be the deceased’s next of kin’s responsibility. In the case of a will, this person will be responsible for all legal affairs and will get a probate or letters of administration (if there is no will). This will allow them to act as a personal representative (who will then have the right to sell the property). 

Depending on whether the deceased person was the sole owner or joint owner of the property, the personal representative or partner will have to register the death with the appropriate form. For example, a form DJP would be relevant in the case of joint ownership – the death needs to be registered using form DJP as well as providing an official copy of the death certificate.  

An AS1 form will be required if the deceased person was the sole owner, or the personal representative can transfer (form TR1) the property to someone else.  

You can read more about this on the gov.uk website. 

The information in this post is valid to the best of our knowledge on the date of posting. It is advised that you seek independent advice based on your individual circumstances. 

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