Remove a deceased joint proprietor
When a joint owner of a property dies, the surviving owner is responsible for updating the title deeds at HM Land Registry. There is no statutory deadline to complete this, but the required legal process depends entirely on whether the property was held as Joint Tenants or Tenants in Common.
Under property law in England and Wales, the legal title of a property is indivisible and cannot be split into percentages. Regardless of your tenancy type, the legal authority to manage the bricks-and-mortar property automatically passes to the surviving owner via survivorship. The surviving owner submits Form DJP, along with the death certificate, to remove the deceased owner from the title register.
The core difference lies in the deceased's beneficial interest (the financial value). While a joint tenant's financial share merges automatically with the survivor, a tenant in common's share forms part of their estate and passes according to their Will.
Need further probate help? For more information on estate administration, including guides on selling a property without a will, visit our comprehensive guide to probate and property.
How do you know if you are Joint Tenants or Tenants in Common?
You can quickly confirm whether you own the property as Joint Tenants or Tenants in Common by checking the official title register:
- Download your title register: Obtain an official copy of your register of title directly from the HM Land Registry portal for £7.
- Check Section B (Proprietorship Register): Look for a Form A restriction entry. If it states: "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court", you hold the property as Tenants in Common. If this wording is absent, you hold the property as Joint Tenants.
What is the process if the owners were Joint Tenants?
If you owned the property as Joint Tenants, the process is straightforward because both the legal ownership and the financial equity pass automatically to the surviving owner through the right of survivorship.
- Probate is not required for the deeds: Because the property passes outside of the estate, you do not need a Grant of Probate to deal with the Land Registry (though probate may still be needed for other assets like bank accounts or investments).
- Submit Form DJP: The surviving owner simply sends an official copy of the death certificate along with a completed Form DJP to HM Land Registry.
- Title updated: HM Land Registry removes the deceased's name. The surviving owner becomes the sole legal and beneficial owner of the property.
What is the process if the owners were Tenants in Common?
If you owned the property as Tenants in Common, the legal title and financial equity are split into two distinct paths. While the legal ownership passes to the survivor via survivorship, the financial share belongs to the deceased's estate and is governed by their Will or rules of intestacy.
To protect all parties, the law splits this into a two-step process:
Step 1: The surviving owner updates the legal title
The surviving owner files Form DJP with the death certificate to remove the deceased's name from the deeds. The survivor is now the sole registered legal owner. However, by law, they hold the property on trust for themselves and the deceased's estate.
Step 2: Transferring the financial share to the beneficiary
The executors of the deceased owner must obtain a Grant of Probate. The beneficiary can then receive their financial inheritance in one of two ways:
- Option 1: Selling the property (Cash distribution). The surviving owner cannot sell the property alone because of the Form A restriction on the title register. They must appoint a second trustee (usually a conveyancing solicitor) to sign the contract and receive the purchase funds. The net proceeds are then divided: the survivor receives their share, and the deceased's share is paid to the executors to distribute to the beneficiary.
- Option 2: Adding the beneficiary to the title deeds. If the survivor and beneficiary agree to co-own the property, they must complete a formal Transfer of Equity. The surviving owner and the executors execute a HM Land Registry Form TR1 to transfer the legal title from the sole survivor into the joint names of the survivor and the beneficiary.
Misuse of the Deed of Assent
Critical Risk: Using the wrong Land Registry form. If the deceased was a joint owner, you cannot use a Deed of Assent (Form AS1) to transfer their share to a beneficiary. An Assent can only be used by personal representatives when a sole property owner dies. To transfer a deceased joint proprietor's share to an inheriting beneficiary, you must execute a formal Transfer of Equity (Form TR1).
Is there a time limit to remove a deceased owner's name?
No, HM Land Registry does not impose a strict legal deadline or timeframe to remove a deceased joint proprietor's name from the title register. While you can leave the deceased's name on the deeds, it is highly recommended to update the register as soon as practicable to avoid complications:
- Selling or remortgaging: If you leave the name on the title, your solicitor must formally prove the death and clear the title before any future sale or remortgage can complete, causing unnecessary transaction delays.
- Future probate complications: If the surviving owner subsequently passes away without updating the deeds, future executors must untangle and prove both deaths simultaneously, escalating probate costs and administrative delays.
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How to remove a deceased joint proprietor at the Land Registry
If you are simply updating the register to remove a deceased joint owner, you can complete and submit Form DJP yourself. Here is a section-by-section breakdown of what is required:
- Section 1 - Local Authority Details: State the local council responsible for the area - find your local authority here.
- Section 2 - Title Number: State the property's unique Land Registry title number. You can obtain this from existing title documents or download an official copy from the Land Registry portal for £7.
- Section 3 - Property Address: Provide the complete postal address, including the postcode.
- Section 4 - Evidence of Death: Enclose an official copy of the death certificate, or a certified copy of the Grant of Probate or Letters of Administration.
- Section 5 - Applicants: List the full legal names of the surviving proprietors who will remain on the title register.
- Section 6 - Submitting Party Details: Provide your full name, postal address, phone number, and email address where HM Land Registry should dispatch correspondence and the updated register.
- Section 7 - Application Request: Confirm the formal request to remove the deceased proprietor from the register.
- Section 8 - Name Discrepancy Declaration: Only complete this section if the deceased proprietor's name on the death certificate or probate grant differs slightly from the name recorded on the Land Registry title deeds.
- Section 9 - Signature: All surviving owners listed in Section 5 must sign and date the document.
Send the completed Form DJP and supporting evidence to: HM Land Registry Citizen Centre, PO Box 74, Gloucester, GL14 9BB.
Download the official form here: DJP form - Application to remove the name of a deceased joint proprietor.
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What is the DJP process for a solicitor?
While individuals can file by post, a qualified conveyancing solicitor can submit applications digitally through the Land Registry electronic Document Registration Service (e-DRS). Instructing a solicitor typically follows these operational steps:
- Client onboarding: The surviving owner completes instruction forms and provides verified proof of address.
- Verification of death: The client supplies an official death certificate, Grant of Probate, or Letters of Administration.
- Biometric ID checks: The conveyancer performs mandatory digital anti-money laundering and ID verification checks.
- Document certification: The solicitor reviews and certifies the official legal evidence of death.
- Digital submission: The solicitor prepares and lodges the digital Form DJP application directly through the HM Land Registry portal.
- Title confirmation: HM Land Registry updates the title register and issues an updated official copy showing the sole surviving proprietor.
How long does it take to update the Land Registry?
A standard Form DJP application submitted digitally by a conveyancer typically processes in 2 to 4 weeks. However, processing times vary depending on HM Land Registry application queues.
If the property involves Tenants in Common and requires a Grant of Probate to administer the financial share, obtaining probate usually takes 6 to 12 weeks before you can proceed with a Transfer of Equity. Read our detailed guide on current Land Registry processing delays.
What happens to a joint mortgage?
When joint borrowers hold a mortgage, both remain jointly and individually liable for the debt. When one borrower dies, the surviving borrower becomes entirely responsible for meeting the full monthly repayments.
If the surviving owner is unable to maintain the monthly repayments independently, the mortgage lender may eventually initiate repossession proceedings. Surviving owners should contact their lender early to discuss affordability, term adjustments, or life insurance policy payouts.
After removing the deceased's name, how soon can you remortgage?
Most mortgage lenders operate a strict 'six-month rule', meaning they will not approve lending against a property until the current legal owner has been registered on the title deeds for at least six months.
If you intend to raise capital or change mortgage deals following a co-owner's death, you should coordinate removing the deceased's name directly with your remortgage conveyancing to avoid costly delays.
What are the costs of removing a deceased joint proprietor?
HM Land Registry charges no statutory registration fee to process a Form DJP. The only fees incurred are professional legal charges if you instruct a conveyancer to handle the verification and filing:
What stops the surviving owner selling the property and keeping the money?
A frequent concern for beneficiaries is that once the surviving owner uses Form DJP to put the deeds into their sole name, they will sell the property and pocket all the proceeds. In law, several safeguards prevent this:
- The Form A Restriction blocks a sole sale: If the owners were Tenants in Common, there will almost always be a Form A restriction on the title register. This entry prevents a sole owner from selling the property or taking out a mortgage on their own. By law, capital money arising from a sale cannot be paid to a single trustee.
- Appointing a second trustee: To sell the property, the survivor must appoint a second trustee (often a conveyancer) to sign the transfer deeds and receive the purchase funds. That second trustee is legally bound to ensure the deceased's share is paid over to the executors, not absorbed by the survivor.
- Breach of trust and criminal fraud: The surviving owner holds the deceased's financial share on trust. If the survivor deliberately conceals the death, bypasses the restriction, or attempts to retain money belonging to the estate, they commit a civil breach of trust and face criminal prosecution under the Fraud Act 2006. The executors can pursue the survivor personally through the courts to trace and recover the funds.
Action for beneficiaries: If you are a beneficiary and suspect the surviving owner may attempt to dispose of the property without your knowledge, download the title register immediately. If there is no Form A restriction on the proprietorship register, instruct a conveyancing solicitor to urgently apply for an interim restriction (Form RX1) to freeze dealings on the title.
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Andrew Boast FMAAT is a qualified accountant, conveyancing specialist and author with over 25 years of experience in the UK property sector. Since beginning his career in 2000 within established SRA and CLC-regulated conveyancing solicitor firms, Andrew has overseen the legal journeys of more than 75,000 clients.
He is the self-published author of the first-time buyer guide: How to Buy a House Without Killing Anyone, and a frequent contributor to mainstream UK media on legislative updates, property law, first-time buyer guides, conveyancing best practices, and stamp duty changes. Andrew specialises in resolving complex title issues, property conflict disputes, and property tax options, streamlining the enquiry process to reduce transaction times and maintaining a client-friendly focus.
Amanda Ambler is a highly accomplished conveyancing specialist with over 15 years of dedicated experience across residential property law, legal compliance, and practice management. Having held senior roles, including Head of Legal Practice and Head of Conveyancing at established UK law firms, Amanda possesses a profound, hands-on understanding of the technical intricacies of the property market.
As the designated Legal Content Reviewer for SAM Conveyancing, Amanda ensures that every guide, legal update, and resource published meets the absolute highest standards of accuracy, regulatory compliance, and factual integrity. Her rigorous review process guarantees that complex property legislation and industry processes are communicated clearly, transparently, and safely for home buyers and sellers alike.
