Guide

First registration of inherited property

Why you can’t register in a deceased owner’s name — and the correct route.

The rule that trips people up

You cannot make a voluntary first registration in the name of someone who has died. On death, the estate vests in the personal representatives; the property is passed to the person entitled by an assent, and registration is made in that person’s name.

The correct sequence

Grant of representation

Executors or administrators obtain probate or letters of administration.

Deeds gathered

The unregistered deeds are located, or ownership is otherwise evidenced.

Assent

The personal representatives assent the property to the beneficiary entitled under the will or intestacy.

First registration

The application is made in the name of that beneficiary — at the reduced voluntary fee.

This is technical — use a specialist

Getting the estate steps and the assent right is where inherited-property registrations go wrong. A solicitor who handles first registrations regularly will keep it clean.

Questions

Frequently asked

Can we register before probate?
Generally the personal representatives need authority (the grant) before the property can be assented and registered. Your solicitor will confirm what applies to your estate.

Related

Next step

Turn the reading into a plan

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