What Happens to Property When Someone Dies?

What happens to a property when someone dies depends entirely on how it was owned at the time of death. This distinction is one of the most commonly misunderstood aspects of estate administration.

Where a property was owned solely in the name of the deceased, probate will almost always be required before the property can be sold or transferred. The estate cannot deal with the property lawfully until the Grant of Probate has been obtained.

Where the property was owned jointly, the outcome depends on the type of ownership. Where owners held the property as beneficial joint tenants, the property passes automatically to the surviving owner under the right of survivorship without the need for probate in relation to that asset. Where they held it as tenants in common, the deceased's share does not pass automatically. It forms part of the estate and must be dealt with through the probate process.

Many people are unaware of which form of ownership applies to their property. This can significantly affect how and when the estate is administered.

At MJV Solicitors, we advise executors and families on how property is dealt with as part of the probate process.

Property in Probate - FAQs

Does a property always require probate when someone dies?

Only if it was owned in the sole name of the deceased, or as tenants in common.

What is the right of survivorship?

Where joint tenants hold a property, the surviving owner inherits automatically.

What is tenants in common?

A form of joint ownership where each person holds a distinct share that forms part of their estate on death.

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Purchase price	Our fee	VAT	Total
£0-£100,000	£600	£120	£720
£100,001 - £150,000	£650	£130	£780
£150,001 - £200,000	£700	£140	£840
£200,001 - £250,000	£750	£150	£900
£250,001 - £300,000	£800	£160	£960
£300,001 - £400,000	£850	£170	£1020
£400,001 - £500,000	£900	£180	£1080
£500,001 - £750,000	£1000	£200	£1200

Additional charge and explanation	Our fee	VAT	Total
Bank transfer fee	£30.00	£6.00	£36.00
Independent ID verification (per person)	£5.00	£1.00	£6.00

Charge	Our fee	VAT	Total
Purchase of a leasehold house	£100.00	£20.00	£120.00
Purchase of any other leasehold property	£150.00	£30.00	£180.00
Purchase of a shared ownership property	£250.00	£50.00	£300.00
Gifted deposit	£50.00	£10.00	£60.00
New build property	£250.00	£50.00	£300.00

Local Authority’s current search fee (if Blackpool, Wyre or Fylde)	£122.70 inc VAT
Drainage and Water search fee	£79.50 inc VAT
Environmental search	£71.40 inc VAT
Land Registry priority title search	£3.00 no VAT
Bankruptcy search - £2 per seller named on the Register of Title	£2.00 no VAT
Land charges search - £2 per seller named on the Register of Title	£2.00 no VAT

Purchase price	Land Registry registration fee (no VAT)
£0 - £80,000	£20.00 no VAT
£80,001 - £100,000	£40.00 no VAT
£100,001 - £200,000	£100.00 no VAT
£200,001 - £500,000	£150.00 no VAT
£500,001 - £1,000,000	£295.00 no VAT
£1,000,000 and above	£500.00 no VAT

What Happens to Property When Someone Dies?

Property in Probate - FAQs

Call: 01253 858231

info@mjvlaw.co.uk

Cleveleys Office

Blackpool Office

Conveyancing price guide

Introductory paragraph explaining price transparency and why the costs are displayed below.

Purchasing

Selling

Purchase price	Our fee	VAT	Total
£0-£100,000	£600.00	£120.00	£720.00
£100,001 - £150,000	£650.00	£130.00	£780.00
£150,001 - £200,000	£700.00	£140.00	£840.00
£200,001 - £250,000	£750.00	£150.00	£900.00
£250,001 - £300,000	£800.00	£160.00	£960.00
£300,001 - £400,000	£850.00	£170.00	£1020.00
£400,001 - £500,000	£900.00	£180.00	£1080.00
£500,001 - £750,000	£1000.00	£200.00	£1200.00
Over £750,000	To be negotiated	To be applied	To be agreed