How to Change Name on House Deeds After Death

Are you looking to change the name on a house deed due to the previous owner's death? This article provides a step-by-step guide to changing the name on house deeds and answers some of the most pressing questions that arise from this scenario.

Different property ownership relationships will necessitate different steps in the name-changing process. In all cases, changing the name on a house deed entails a small cost, but the amount varies depending on the property's value.

Often, a valid will—specifically the last will—of the deceased will specify the individual or entity who will act as the estate trustee responsible for managing and distributing the deceased's estate. If there is no will, the next-of-kin becomes the deceased’s representative.

The named beneficiary in the will obtains probate, or, if there is no will, the next-of-kin will receive a letter of administration. To do this, a probate application and the necessary estate documents must be submitted to the relevant authorities. These steps allow for the transfer of property ownership into a new name and ensure the deceased's wishes regarding the property transfer are followed.

Below are some of the most common questions in the UK regarding changing the name on a house deed following the death of an owner:

Do I need a solicitor to change the name on a deed?

While solicitors are not necessary to change the name on a house deed in the UK, many people will hire one for their expertise. However, you will require a different type of qualified lawyer: a notary.

In cases involving property transfers after death, a real estate lawyer or legal representative is often engaged to handle the legal aspects of the process, including document preparation, ensuring all legal requirements are met, and managing the necessary paperwork for estate settlement.

For example, the new property deed will have to be notarized before it can be submitted to the Land Registry

Notaries are certified to act as official legal witnesses when signing documents. They will place a seal on your document and witness the signing. The seal indicates that your signature is official.

To find a notary in your location, click here

How much are the legal fees to change the name on the deed of a house?

When the property ownership is transferred from one person to another, costs are always involved, including various fees and taxes. These costs may include probate fees, title transfer fees, valuation fees, and land transfer tax. Depending on the situation, some property transfers may involve stamp duty land tax and other fees. For people transferring property worth more than £125,000, stamp duty land tax must be paid to transfer the ownership of the property. However, stamp duty land tax is not usually charged for people whose homes are worth less than £125,000. Land transfer tax and estate administration tax are calculated based on the property value or the estate's total value.

Besides the possibility of a tax payment in some instances, in all situations, there are some fees to be paid in order to complete the transfer of ownership, including the following:

• A minimum Land Registry fee of £40 must be paid. This amount has to be paid regardless of whether or not you complete the Land Registry forms yourself. The cost may be slightly higher than £40, depending on the situation. Title transfer fees and land titles office charges are payable to the land titles office for updating property records during the title transfer process.
• For people who become joint owners of more than one property, a fee of up to £150 must also be paid to the Land Registry.
• Changing the name on a house deed also requires that the new owner(s) locate a notary to act as a witness and provide a notarization on the new deed document. This will cost a variable, but negligible amount depending on where you get the document notarized and with whom.
• After notarization, a small fee may also be required to register the deed officially with the Land Register.
• Valuation fees may also apply, as these are used to determine the property value for tax and legal purposes.

The process of changing the name on a house deed in the UK depends on whether or not one or more individuals owned the property. In either case, changing the name on a deed after death is relatively straightforward. To determine what process to follow to change the name after death, you must first identify whether the property was under sole ownership, joint tenancy ownership, or tenants in common.

Often, property is owned jointly by more than one person, and after death, the name of the deceased must be removed from the deed. The property transfer process is a little more complicated when the property is listed under the names of two spouses, but when this happens, removing the spouse’s name from the deed will depend on the type of joint ownership they had.

Two types of joint ownership could affect the transfer:

●  Joint Tenants

●  Tenants in CommonIf the property deeds have not already been registered with the HM Land Registry, a name change to the deed will trigger the need for a first registration. Applying for the first property registration and a transfer of ownership can happen simultaneously. The land registry and title offices are responsible for maintaining land titles and property records. Suppose a property title has not been registeredegistry and the death of one co-owner does not trigger the need for an initial registration. Form TR1 is a document regularly used in property conveyances to create a transfer deed between buyers and sellers (in situations where money is being transferred) and between previous property owners and new owners (in situations where no money is being transferred). This document is used to register a property for the first time and also to transfer a property into one or more registered titles. An exception is the transfer of only part of a registered title. In this case, Form TP1 should be used in place of Form TR1. Required forms must be completed and submitted to the land registry office to finalize the property transfer and update ownership status, ensuring the new ownership and ownership rights are officially recognized.

Sole Owner:

Changing the name on a deed after a death when the owner of a property was the sole owner can be completed in just a few steps. When a sole owner dies, it is necessary to remove the deceased's name from the deed to transfer property to the rightful owner. The property will be transferred to either:

• A beneficiary (a person who is inheriting) or
• A third party (e.g. a person who is buying)

In a situation in which the sole owner’s property is transferred to a beneficiary or the personal representative of the sole owner, the executor or personal representative is responsible for managing the deceased's assets, ensuring the proper distribution of the remaining property, and overseeing the transfer property process. The executor will need to review financial records to accurately value the estate and facilitate the transfer. The personal representative can transfer the property to the beneficiaries by simply filling out the whole of registered title: Assent AS1 form and submitting the required documents that go with the form (including a copy of the official death certificate of the deceased owner) to the Land Registry. If the representative chooses to sell the property or plans to pass it on to someone else (this is the process required if the deceased did not leave behind a will), the personal representative will fill out the Registered titles: whole transfer TR1 form to transfer ownership correctly.

Joint Tenants

When a property is under the ownership of spouses as joint tenants, neither spouse owns a specific part of the property, so when one owner dies, the surviving owner automatically inherits the entirety of the property regardless of who was listed in the will as beneficiary (a person who is inheriting the property according to the deceased person’s will or next-of-kin). When a joint tenant dies, transferring ownership is initiated after the person's death by submitting a survivorship application to remove the deceased's name from the property title. This legal procedure allows the surviving owner to become the sole owner, and probate is not usually required in these cases.

• Suppose the surviving spouse wishes to remove the deceased spouse’s name from the property so that the property is listed under the sole name of the remaining owner. In that case, an official death certificate must be sent to the Land Registry.
• The owner must fill out the DJP form. The Land Registry will then update the property title to reflect only the surviving owner’s name as the sole owner of the property.
• If there is a mortgage on the property, permission from the lender may be necessary to remove the name of one of the owners. Mortgage providers will assess the financial ability of the surviving spouse to determine their ability to make payments.
• Probate is not usually necessary unless the deceased’s estate requires it.

If a property deed has not been registered, sending a death certificate to the Land Registry is possible, but it would be better first to register the title using Form TR1. Once the surviving spouse completes this process, the property will be registered solely under the name of the remaining owner.

Tenants in Common

For property that spouses jointly own as tenants in common, a different process must be completed for transfer of ownership. When spouses or two unmarried individuals own property as tenants in common, each spouse owns a particular share of the property (often 50% for each spouse, although the property can be divided into other proportions as well). The deceased’s property share is dealt with according to either their will or, if there is no will, the Rules of Intestacy. According to the Rules of Intestacy, when someone dies with no surviving civil partner or spouse but with surviving descendants, the entirety of their estate passes to each of the descendants in equal shares. In the context of estates, it is important to ensure that all outstanding debts, such as home loans, utility bills, and obligations to financial institutions, are settled before the property transfer. All the beneficiaries must be notified and provided with information about the probate application, ensuring that each has the legal right to receive their share.

To remove your spouse’s name from a deed following their death as tenants in common, the remaining property owner has authority over the transfer. There is no need to show the Grant of Representation to the Land Registry. Instead, the surviving joint owner must give the Land Registry instructions regarding their wish to remove the deceased’s name from the deed. The documentation must include the legal description of the property to identify the real estate for legal and official purposes accurately.

Property purchased using a mortgage may require the lender's permission to remove the deceased owner’s name from the property. If the property is being refinanced or transferred to a new owner, a new mortgage may be required to replace the existing one.

When there are no remaining owners, the transfer process happens as a natural outgrowth of the probate process. A beneficiary can have the property transferred into his or her name or into the name of the deceased’s representative using Form AS1 and Form AP1. Before completing the transfer, it is essential to ensure that all financial obligations related to the estate have been settled.

Should I remove a deceased person from a deed?

Removing a deceased person’s name from a house deed is not required by law in the UK, but it’s highly recommended. While not necessary, removing the deceased's name from a house deed keeps the Land Register up-to-date and ensures the records remain in good standing. This step also helps honor your loved one's wishes by ensuring the property transfer process aligns with their intentions. Keeping the house deed up-to-date is important in real estate, as it provides an accurate portrayal of ownership and will make it easier to sell the property in the future. Even if you don’t plan on selling the property anytime soon, these legal and administrative updates help ensure that future property-related transactions and dealings are kept clean and neat, avoiding additional legal fees. Seeking expert guidance from a real estate professional or lawyer can help ensure a smooth property transfer process.

After the death of a property owner, a beneficiary will either obtain “probate” or next-of-kin will receive “letters of administration”. Beneficiaries or next-of-kin can then legally act as personal representatives for the deceased, meaning that they have the power and ability to then transfer ownership of the property and change the name on the deed if they so choose. They also have the power to sell the property. So the decision to remove a deceased person’s name from a deed will depend on a number of factors, but legally, the removal of a deceased person’s name from a deed will make all future ownership transfers much easier.