What happens to a house when someone dies

Dealing with a property after a death is one of the most significant parts of estate administration — financially and emotionally. Whether it is the family home or a second property, the process depends on one key question: how was the property owned?

This guide covers every main scenario: jointly owned property, sole ownership with a will, sole ownership without a will, the role of probate, what happens to a mortgage, and the practical steps you need to take. It applies to England and Wales; Scotland and Northern Ireland have separate rules, noted where they differ significantly.

The short answer

The single most important thing to establish early is which category applies. The answer changes everything that follows.

How to find out how the property was owned

The title deeds, held at HM Land Registry, show how the property was owned. Most UK properties are now registered — you can purchase an official copy of the title register for £3 at HM Land Registry’s search service.

The title register shows whether the owners held the property as joint tenants or tenants in common. If it refers to a “restriction” on the register — specifically a Form A restriction — it means the property was held as tenants in common. No restriction typically means joint tenants, but you can also check any original transfer deeds.

If the property is unregistered (uncommon for properties owned for some years and sold or mortgaged after 1998), the original title deeds will need to be located and examined.

Jointly owned property

Joint tenants: right of survivorship

The most common form of joint ownership for couples is joint tenancy. Under this arrangement, both owners have an equal, undivided interest in the whole property — there are no separate shares. When one owner dies, the property passes automatically to the surviving owner by the right of survivorship. This happens immediately and automatically on death; there is no need to wait for probate.

A will cannot override the right of survivorship. If the deceased left a will saying “I give my half of the house to my children”, that instruction has no legal effect for a jointly owned property. The surviving owner inherits the property regardless of what the will says.

What you need to do: File form DJP (Deceased Joint Proprietor) with HM Land Registry to update the register. You will need to include an official copy of the death certificate. There is no fee for this specific change. (Source: gov.uk — update property records when someone dies)

The process is straightforward and does not require a solicitor, though many families use one for reassurance.

Tenants in common: the deceased’s share goes through the estate

Tenants in common each own a defined share of the property — commonly 50/50, but sometimes different proportions. When one owner dies, their share does not pass automatically to the other owner. Instead, it forms part of their estate and passes either according to their will or, if there is no will, under the intestacy rules.

This matters significantly. A surviving partner who held a property as tenants in common does not automatically gain full ownership on the other’s death — they own their own share and must wait for the estate to be administered before the deceased’s share is transferred.

Tenants in common arrangements are often used deliberately: for example, where each party wants their share to go to children from a previous relationship rather than to the surviving partner. If you are unsure which type of ownership applies, check the Land Registry title register.

What you need to do: Probate (or letters of administration if there is no will) will be needed before the deceased’s share can be transferred or sold. Once you have the grant, the same process applies as for a sole owner — see below.

Sole ownership

Sole owner with a will

If the deceased was the sole registered owner and left a valid will, the property passes to whoever is named as the beneficiary in that will. The executor (named in the will) becomes responsible for the property during the administration period — they have a legal duty to protect it, insure it, and ultimately either transfer it to the beneficiary or sell it.

Before the property can be transferred or sold, the executor normally needs a grant of probate — a legal document issued by the Probate Registry confirming they have the authority to deal with the estate. (Source: gov.uk — apply for probate)

With the grant of probate, the executor can:

• Transfer the property to the beneficiary named in the will (using Land Registry forms AP1 and AS1, plus the original or official copy of the grant of probate)
• Sell the property to a third party

The grant of probate usually takes around 16 weeks from the date of a complete application, though more complex estates can take considerably longer. For a full breakdown of the probate timeline, see our guide to how long does probate take?

Sole owner with no will

If the deceased owned the property solely and left no will, the property passes under the rules of intestacy — the statutory scheme that determines who inherits when there is no will in place.

The intestacy rules for England and Wales are set out in the Administration of Estates Act 1925 and amended over time. The current position (as of 2026) is:

• Surviving spouse or civil partner, no children: The surviving spouse or civil partner inherits the entire estate, including the property.
• Surviving spouse or civil partner, with children: The surviving spouse receives all personal possessions, plus the first £322,000 of the estate, plus half of anything above that amount. The children inherit the other half of the estate above £322,000, divided equally. (Source: Citizens Advice — who can inherit if there is no will)
• No surviving spouse, but surviving children: The children inherit the entire estate in equal shares.
• No surviving spouse or children: The estate passes to other relatives in a set order — parents, then siblings, then more distant relatives.

In practice, if the family home is the main asset and the estate is worth more than £322,000, the house may need to be sold to satisfy everyone’s entitlement under intestacy — even if the surviving spouse wants to stay. This is one of the most common reasons solicitors urge couples to make wills. A will can give the surviving partner the right to remain in the property for their lifetime, or leave the property to them outright, regardless of the estate value.

Without a will, the person dealing with the estate applies for letters of administration rather than a grant of probate — but once issued, the letters of administration give the same authority to transfer or sell the property.

Probate and the property

Probate does not need to complete before family members can continue living in the property. If the deceased was the sole owner and family members were living there with them, they can continue to do so during the administration period — there is no legal requirement to vacate while probate is underway. However, they cannot sell or transfer the property until the grant is obtained.

If the estate includes a property, the executor has a duty to:

• Insure the property during the administration period (check whether the existing home insurance is still valid after the death — many policies require notification)
• Maintain the property in reasonable condition
• Pay ongoing costs (mortgage, utilities, council tax) from the estate
• Secure the post — a pile of unopened mail at an unoccupied address is visible to opportunists. Set up a Royal Mail Special Circumstances Redirection as soon as you have the death certificate, or use Royal Mail’s Keepsafe service to hold mail securely at the delivery office while the property is being dealt with.

For more on the probate process, see our probate hub.

What happens to a mortgage

The mortgage does not disappear when someone dies. It continues to be owed — by the estate or, in a joint mortgage, by the surviving borrower. Notify the mortgage lender as soon as possible after the death. Most lenders have a bereavement team and will usually agree to pause or reduce payments while the estate is being sorted, particularly if a sale is planned. For a full guide to the mortgage specifically, see what happens to a mortgage when someone dies.

Joint mortgage

In a joint mortgage, both borrowers are jointly and severally liable for the full mortgage debt. When one borrower dies, the surviving borrower becomes solely responsible for the full outstanding balance. The mortgage does not split or halve. The lender will typically write to confirm that the mortgage continues in the survivor’s sole name, and may want to review affordability given it is now one income.

If the property was held as joint tenants, the property has already passed to the surviving borrower — they now own the property and owe the mortgage. If it was held as tenants in common, the same mortgage liability applies but ownership of the deceased’s share needs to be resolved through the estate.

Sole mortgage

If the deceased was the sole borrower, the outstanding mortgage is a debt of the estate. It must be repaid — either from the estate’s liquid assets, by the beneficiary taking out a new mortgage in their own name, or through the sale of the property. The executor is responsible for ensuring the debt is paid as part of the estate administration.

The lender cannot demand immediate repayment simply because the borrower has died, but they will expect to be kept informed and will want a plan for repayment.

Life insurance

Many mortgages are protected by a life insurance policy – either a decreasing term policy designed to pay off the outstanding mortgage balance, or a level term policy. If such a policy exists, check whether it has already been written in trust. If it was written in trust for the benefit of the mortgage lender or the surviving co-owner, the payout can be used to clear or reduce the mortgage quickly, often without going through the estate or probate. Check with the insurer and review any policy documents. For the full claims process, see what happens to life insurance when someone dies.

What you need to do: practical steps

If you are dealing with a property after a bereavement, here is a summary of the practical steps in order:

1. Find out how the property was owned. Check the Land Registry title register — you can search online for £3. This determines everything else.

2. Notify the mortgage lender. Do this early — most lenders will pause collection action while arrangements are being made. Ask about any life insurance policy linked to the mortgage.

3. Notify the insurer. Home insurance policies typically require notification of a death. Ask the insurer to confirm coverage continues through the administration period; if not, arrange alternative cover.

4. For joint tenants: file form DJP with HM Land Registry to remove the deceased’s name from the register. Attach a death certificate. No probate is needed for this step.

5. For sole owners or tenants in common: apply for a grant of probate (or letters of administration if there is no will) before the property can be transferred or sold. Once the grant is obtained, transfer the property using Land Registry forms AP1 (change the register) and AS1 (assent of whole title to a beneficiary), or through your solicitor if selling.

6. Check the will — if there is one — for any specific instructions about the property, such as a life interest trust allowing a surviving partner to remain in the home for their lifetime.

7. Use Tell Us Once to notify the local council of the death, which updates council tax records. You may also want to contact the council directly about a council tax exemption on an empty property during probate (see below).

Common questions

Can family stay in the house while probate is ongoing?

Yes. There is no legal requirement for family members who were living at the property to leave during the administration period. If the deceased was a sole owner, the executor has authority over the property — but their duty is to administer it sensibly, not to evict the family. In practice, where a surviving spouse or family member is living there, the property is usually not sold until after probate is granted and the estate distributed.

If the property is to be transferred to a beneficiary who wants to sell, the timing of any sale can be discussed with the executor. Where there is a dispute about the property or the sale, legal advice is advisable early.

How long does it take to transfer a house after a death?

For joint tenancy, the change to the Land Registry register can be completed in a matter of weeks once you have the death certificate and submit form DJP.

For sole ownership, the timeline depends on probate. A straightforward probate application typically takes around 16 weeks to process; complex estates or those with inheritance tax obligations take longer. Once the grant is issued, the property transfer or sale can proceed — so the total time from death to completion of a sale is commonly six months to a year, sometimes longer. See how long does probate take? for a detailed breakdown.

What if there is a mortgage and the estate cannot pay it?

If the estate does not have enough money to repay the mortgage and no life insurance policy covers it, the property may need to be sold. The mortgage lender is a secured creditor — they have priority over unsecured debts — and the mortgage must be repaid on sale before any proceeds go to beneficiaries.

If the estate is insolvent overall (debts exceed assets), the position is more complex and professional advice is essential.

What is council tax on an empty property during probate?

Council tax liability on an empty property during probate is handled in two stages. Before probate is granted, the property is generally exempt from council tax — you do not pay while waiting for probate to come through. After probate is granted, a further six-month exemption may apply if the property remains unoccupied and is still in the name of the person who died. (Source: gov.uk — council tax discounts for vacant and empty properties)

After the exemption period ends, council tax becomes payable. If the property remains empty for more than a year, some councils apply an empty homes premium of up to 100% of the standard council tax bill. Contact the local council as early as possible to confirm the timeline for your property. For a full guide to council tax after a death — including how to apply for the exemption, what information the council needs, and how refunds are processed — see our guide to notifying your council when someone dies.

Does inheritance tax apply to the family home?

Inheritance tax may be payable on the estate if its total value exceeds the relevant threshold. Each person has a standard nil-rate band of £325,000, meaning the first £325,000 of the estate is free of inheritance tax. Above that, the rate is 40%.

For deaths on or after 6 April 2017, there is an additional allowance — the residence nil-rate band — specifically for the family home. Where the property is left to direct descendants (children, step-children, grandchildren), an additional £175,000 allowance is available per person, bringing the combined threshold to £500,000. Unused residence nil-rate band from a deceased spouse or civil partner can also be transferred, potentially allowing a combined threshold of £1 million for married couples. (Source: gov.uk — inheritance tax: passing on a home)

These figures apply to estates valued below £2 million. Above that, the residence nil-rate band is gradually reduced.

What about pensions and the house together?

The family home and pensions are often the two largest assets in an estate, but they are handled very differently. Pensions usually bypass probate and pass directly to nominated beneficiaries. Property rarely does (unless jointly owned as joint tenants). See our guide to what happens to a pension when someone dies for how pensions fit into the estate picture.

Scotland and Northern Ireland

This guide focuses on England and Wales. The rules are materially different in Scotland and Northern Ireland.

In Scotland, property law is governed by Scots law. There is no right of survivorship for joint tenants in the same form as in England and Wales — co-ownership in Scotland is typically “common ownership” rather than joint tenancy in the English sense. Scotland also has “prior rights” and “legal rights” that give a surviving spouse and children certain automatic entitlements from the estate, regardless of what a will says. Scottish solicitors should be consulted for Scottish property.

In Northern Ireland, the rules broadly follow English law but there are procedural differences. The Probate and Matrimonial Office in Belfast handles probate applications for Northern Ireland estates.

Sources

• gov.uk — update property records when someone dies (HM Land Registry forms DJP, AP1, AS1)
• gov.uk — apply for probate
• gov.uk — inheritance tax: passing on a home
• gov.uk — council tax: discounts for vacant and empty properties
• Citizens Advice — who can inherit if there is no will
• Administration of Estates Act 1925

For a full guide to dealing with a deceased person’s estate, see the what happens to the estate when someone dies hub. The estate usually includes more than the property — see our guides to what happens to bank accounts when someone dies, what happens to a pension when someone dies, and what happens to a car when someone dies for how other major assets are handled. If the deceased rented their home from a council or housing association, see what happens to a council house or housing association tenancy when someone dies.