Do I need probate if a property is solely owned by someone?
If a house is owned solely by the deceased, the topic of probate and property becomes essential. In most cases, a Grant of Probate (or Letters of Administration) is required before the property can be legally transferred or sold.
Difference between joint and sole ownership
When property is held jointly as joint tenants, ownership passes automatically to the surviving co-owner without the need for probate. However, when someone dies owning property solely in their name, the asset cannot be legally dealt with unless probate is granted. This applies even if there is a Will.
Joint ownership as tenants in common does not bypass probate either, as each person’s share must be administered clearly.
What happens without probate?
If probate is not obtained, Executors or beneficiaries cannot:
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Legally transfer the property title at HM Land Registry
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Sell the property to settle debts or distribute proceeds to beneficiaries
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Access mortgage, insurance, or rental revenues tied to the property
Some estates are considered small and may avoid probate for modest financial assets, but real estate in a sole name almost always requires a Grant.
How to transfer a title once probate is granted?
After receiving the Grant of Probate or Letters of Administration, the Executor or Administrator can proceed with transferring ownership. The next steps include:
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Complete the HM Land Registry forms, including AP1, AS1, and ID1
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Submit the original or official copy of the probate document
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Provide a Stamp Duty Land Tax certificate if applicable
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Pay the required registry fee
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Submit proof of identity for the beneficiary or purchaser
Once processed, the Title Register will update to show the new owner, whether that’s a beneficiary or a buyer.
Summary
In England and Wales, if a property is solely owned by someone who has died, a Grant of Probate is almost always needed to transfer or sell it. Probate gives the Executor formal authority to handle the assets and ensures legal compliance in estate distribution. Without it, the property remains legally frozen.
