Deceased Joint Proprietor Services
Expert Legal Advice for Remove Deceased Owner From Property Title
Legal Services for the Removal of Deceased Joint Proprietors
When one of the registered owners of a property dies, their name does not automatically disappear from the title. HM Land Registry will usually need to be notified so that the register can be updated.
The process itself is often straightforward, but the death of a joint owner can have wider implications. Much depends on whether the property was owned as joint tenants or tenants in common. This affects what happens to the deceased owner’s share and whether anything else needs to be dealt with alongside the Land Registry application.
Our service covers the removal of a deceased joint proprietor from a registered property title. We will check the title and evidence of death before preparing the application. Once everything is in order, we will submit it to HM Land Registry and handle any correspondence about the registration.
Mounteney Solicitors has advised individuals and families on property and probate matters since 2005. Our experience across both areas is useful when dealing with the death of a property owner. If the title raises an issue that goes beyond simply removing a name from the register, we can identify it and explain what needs to happen next.
You will know from the outset what information we need from you and what the application will achieve. If there is another legal issue connected with the property or the deceased owner’s estate, we will explain this clearly.
Call us today or complete the form below if you would like us to help remove a deceased joint proprietor from a registered property title.
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How do you remove a deceased joint proprietor from the Land Registry?
The precise position depends first on how the property was owned.
If the owners held the beneficial ownership as joint tenants, the deceased owner’s interest will generally pass automatically to the surviving owner or owners through survivorship. Their name can then be removed from the registered title by making an application to HM Land Registry and providing appropriate evidence of the death.
The position is different if the owners were tenants in common. In this situation, the deceased person’s beneficial share does not automatically pass to the surviving owner. Instead, it will usually become part of their estate and pass according to their Will. If they did not leave a valid Will, the intestacy rules will determine what happens to it.
The deceased owner’s name can still be removed from the register, but this may not be the end of the matter. Further legal work can sometimes be needed before the property is later sold or transferred.
If you do not know how the property was owned, our guidance on Joint Ownership explains the difference between the two forms of ownership. If the owners formally agreed how their beneficial interests in the property would be divided, a Declaration of Trust may also be relevant.
A further trustee may sometimes be needed before a property can be sold or transferred, particularly where the deceased held a beneficial interest as a tenant in common. You can read more about when this applies in our Second Trustee Service.
There may also be separate matters to deal with as part of the deceased person’s estate. If you need help obtaining a Grant of Probate or administering the estate, our Probate Solicitors in Stockport can advise you.
If you instruct us to remove the deceased proprietor, we will first check the registered title and the information you provide. We can then prepare and submit the application to HM Land Registry with the required evidence. If HM Land Registry raises any questions about the application, we will deal with those on your behalf.
Money Matters
This service is for taking instructions, producing the required form, and deploying it at HM Land Registry
Removal of Deceased Propietor (£360)
For our removal of deceased owner from title services, we charge our base fee, which includes VAT. There is no HMLR Fee.
Your supplier is CLC-regulated Mounteney Conveyancers Ltd, that charges VAT some customers may be able to reclaim.
There is more info about our fees here
If you have any questions, require any further information, or would like to engage us on the T&Cs linked Our Terms in the footer below, please don’t hesitate to Contact Us.
FAQs
How long does it take to remove a deceased joint proprietor?
Once our client onboarding checks are complete and we have the information we need, we would usually expect to prepare and submit the application to HM Land Registry within around one working week. HM Land Registry’s processing time is separate and can vary considerably, so while straightforward applications may be dealt with quickly, the overall registration timescale cannot be guaranteed.
Do I need probate or letters of administration to use a DJP form?
Usually, no. Where there is at least one surviving registered proprietor, HM Land Registry can generally remove the deceased joint proprietor using form DJP with suitable evidence of death, such as an official copy of the death certificate. A Grant of Probate or Letters of Administration may still be needed to deal with other parts of the deceased person’s estate, depending on the circumstances.
Is there a time limit to remove a deceased joint proprietor?
There is no specific time limit for submitting a DJP application to remove a deceased joint proprietor from the Land Registry title. However, HM Land Registry recommends updating the register following a registered proprietor’s death, and doing so sooner can help ensure the property records are up to date before a future sale, transfer or other transaction.
What information/documents do I need to fill out the DJP form?
You will usually need the property’s Land Registry title number, details of the deceased and the surviving registered proprietor or proprietors, together with evidence of the death. HM Land Registry will accept appropriate evidence such as a death certificate, Grant of Probate or Letters of Administration Where Mounteney Solicitors submits the application we can confirm what is required and prepare the form for you.
Contact Mounteney Solicitors Today
Dealing with the legal steps to remove a deceased owner from a property title can feel overwhelming, especially during an already difficult time. Our expert solicitors in Stockport understand the sensitivity and importance of getting this process right, quickly and cost-effectively.
Our approachable team of Estate Administration Solicitors are here to guide you through every stage. We take pride in offering clear, practical advice and a personal service that puts your peace of mind first. Whether you prefer to speak over the phone, email us or visit one of our local offices in Heald Green, Bramhall, Hazel Grove or Cheadle, we are ready to help you protect your loved one’s legacy and secure your property rights.
Reach out today to arrange a no-obligation discussion with one of our specialist probate and property solicitors. Let Mounteney Solicitors handle the legal complications so you can focus on what truly matters.
Contact us now or call your nearest office, we look forward to assisting you.
