Transferring Property After Probate: Assents and Sales Explained

Property is often the most valuable asset in an estate and the one that causes the most complexity. Once probate is granted, the property must either be sold or transferred to the beneficiary named in the will. This guide explains both routes, the legal documents involved, how Land Registry registration works, and the tax considerations you need to be aware of.

Two Routes: Sale or Assent

After the Grant of Probate is issued, there are two ways to deal with property forming part of the estate:

1. Sale: The property is sold on the open market. The executor acts as the seller and signs the contract and transfer. Proceeds form part of the estate and are distributed to the residuary beneficiaries.
2. Assent: The property is transferred directly from the executor to the beneficiary named in the will (or entitled under the intestacy rules). No money changes hands. The beneficiary becomes the new legal owner.

The right route depends on what the will says, what the beneficiaries want, and the practical circumstances of the estate.

What Is an Assent?

An assent is the formal legal document by which an executor transfers ownership of a property to a beneficiary. It acknowledges that the executor holds the property as part of the estate and formally vests it in the beneficiary.

An assent is not a sale and no purchase price is paid. It is distinct from a conveyance or transfer used on a sale. The document must be in writing and signed by the executor (and, for registered land, must include certain required information for Land Registry purposes).

For whole registered titles, the standard form is form AS1, published by HM Land Registry. This is the assent of a whole registered title. If only part of a title is being assented (for example, a portion of land within a larger registered title), a different form applies.

The Difference Between an Assent and a Transfer

	Assent	Transfer (TR1)
When used	Transferring to a beneficiary after death	Transfer on a sale or gift between living parties
Consideration	No money changes hands	Usually involves a purchase price
SDLT	Generally no stamp duty land tax	SDLT may be payable on a sale
Who signs	The executor	The seller (or executor acting as seller)
Land Registry form	AS1 (whole title)	TR1 (whole title) or TP1 (part of title)

Selling Property: The Conveyancing Process

If the property is to be sold, the executor instructs a conveyancing solicitor to act on behalf of the estate. The process follows standard residential conveyancing:

• The solicitor prepares a contract for sale
• The executor signs as the legal owner (acting as seller)
• Searches are carried out, enquiries are raised, and contracts are exchanged
• On completion, the buyer's solicitor pays the purchase price, and the executor signs the transfer deed (TR1)
• The buyer's solicitor registers the change of ownership at Land Registry

An important point: the executor can sell the property and sign as seller using the Grant of Probate as authority, even before the title has been formally registered in the executor's name. The grant itself is sufficient authority for the sale.

Registering at Land Registry After an Assent

After an assent is completed, the beneficiary becomes the new legal owner of the property, but they are not yet registered as owner at Land Registry. They must apply to register their ownership, which makes their title official and protects them against third-party claims.

The application is made using form AP1, which is the general application form for changes to the register. It must be accompanied by:

• The original executed AS1 form
• An official copy of the Grant of Probate
• An identity verification form (ID1) if the beneficiary is an individual not represented by a solicitor
• The registration fee

Land Registry Registration Fees

Registration fees are set by HM Land Registry and are based on the value of the property. For an assent, the value used is the market value at the date of the assent (which is typically the current market value). Current fees (as of May 2026) for a transfer by assent on the postal application route are:

Property value	Fee (postal)
Up to £80,000	£20
£80,001 to £100,000	£40
£100,001 to £200,000	£100
£200,001 to £500,000	£150
£500,001 to £1,000,000	£295
Over £1,000,000	£500

Online applications are discounted. Check the current Land Registry fee scale before applying as fees are updated periodically.

Unregistered Land

Not all property in England and Wales is registered at Land Registry. Title is compulsory on sale, but some properties that have not been sold for many years may still have unregistered title held through a bundle of paper title deeds.

If the estate property is unregistered, the assent or sale will trigger first registration. The beneficiary or buyer must apply for first registration with Land Registry after completion. The process involves submitting the title deeds, the assent or transfer, and the grant. First registration fees are lower than standard registration fees.

For unregistered property, the executor must establish title through the chain of title deeds rather than a Land Registry title number. A solicitor is strongly recommended.

Leasehold Property

If the property is leasehold, additional requirements apply. The lease will typically include a clause requiring the landlord (freeholder) to be notified of any change of ownership. After an assent or sale, the new owner must:

• Serve a notice of transfer on the landlord within a specified period (usually 21 or 28 days, as set out in the lease)
• Pay any notice fee specified in the lease
• Check whether the lease requires landlord consent to the transfer (rare for deaths, but check the lease)

Failure to serve the notice can result in a technical breach of the lease. A solicitor handling the assent should manage this automatically.

Capital Gains Tax: The CGT Uplift

Capital gains tax (CGT) is an important consideration when beneficiaries later sell property they received via an assent. For CGT purposes, the beneficiary's base cost (the cost they are treated as having paid for the property) is the market value at the date of death. This is known as the CGT uplift.

If the beneficiary sells the property shortly after the assent for the same value as at the date of death, there will be little or no capital gain and therefore little or no CGT. If the property has risen significantly in value between the date of death and the eventual sale, CGT will be due on the gain above the date-of-death value.

If the property was the beneficiary's main home, principal private residence relief may reduce or eliminate the CGT liability.

The executor is not usually liable for CGT on a straightforward sale during estate administration (because the estate benefits from the CGT uplift too), but if the property rises in value significantly between the date of death and the sale, there may be estate CGT to consider. Take advice if the sale is delayed or values have risen sharply.

Practical Steps From Grant to Registration

1. Obtain the Grant of Probate. The grant gives you authority to deal with the property.
2. Decide: sell or assent. Confirm with the beneficiaries what is to happen to the property.
3. Instruct a solicitor or conveyancer. For a sale, a conveyancing solicitor handles the transaction. For an assent, they prepare the AS1 form and manage the Land Registry application.
4. Execute the assent or complete the sale. The executor signs the relevant documents.
5. Apply to Land Registry. Submit AP1 with the supporting documents and fee.
6. For leasehold, serve notice on the landlord. Do this within the time required by the lease.
7. Update the estate accounts. Record the assent or sale proceeds as part of the estate accounts.