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Transfer of house deeds after parents passed away.

chrislait
chrislait Posts: 2 Newbie
in House buying, renting & selling
Hi

Unfortunately my mum passed away recently. She was sole owner of her house after her husband (my dad) passed away and she proceeded via probate.

My mum has a will that leaves the house to me, there is no mortgage. I have no intention of selling the house. Is there a simple way to transfer the house to myself?

Thanks in advance.

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    edited 22 September 2016 at 10:29AM
    Yes.

    1) Pay any Inheritance Tax due submiting the relevant forms to HMRC

    2) Apply for probate and await HMRC confirmation that IHT is paid or not due.

    3) Obtain Grant of Probate

    4) Submit forms to Land Registry:

    * AP1
    * TR1
    * ID1
    * Death certificate
    * Grant of Probate

    See:
    https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1

    (I'm assuming you are Executer of the will. If not the Executer will have to do all the above).
  • Land_Registry
    Land_Registry Posts: 5,776 Organisation Representative
    First Anniversary Name Dropper First Post
    G_M - this reads like a straight transfer by the executor to the beneficiary so would it not be an AS1 (Assent) scenario?

    If so then once you have probate and you are the named executor (personal representative) then you would Assent the title to yourself as the beneficiary. So it would be forms AS1 and AP1 along with an official copy of the probate

    You would only need ID1 form(s) if anyone other than the executor named in the probate is involved - I don't think there is here.

    We don't need the death certificate as the probate confirms the death.
    “Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Land_Registry_representative wrote: »
    G_M - this reads like a straight transfer by the executor to the beneficiary so would it not be an AS1 (Assent) scenario?

    .
    Love it!

    You're asking me?

    Maybe I should apply for a job.

    But yes - I think you are right.
  • chrislait
    chrislait Posts: 2 Newbie
    Thank you both for your reply and helpfulness.

    Just so I can be clear with myself in what I need to do I'd just like to explain a couple of other things as I'm not sure about this probate thing.

    My wife and I are executors of the will in which the estate is left to us from mum. Mum got the house in her own name after her husband passed and did this via probate, so the IHT threshold is mum and dad's together, the house is worth approx £320k so is under the IHT.

    Can I just go for the AS1 and AP1 forms or do I need to goto probate also?

    Thank you once again.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    chrislait wrote: »
    Can I just go for the AS1 and AP1 forms or do I need to goto probate also?

    You need probate irrespective of whether any IHT is payable.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Without Probate, and since the property is registered in your mother's names, how are you going to prove you have the right to sell or transfer it?

    Note that for Inheritance Tax, the property is just part of the Estate value. If your mother's yacht in the Med is worth another £300K, and the investment Funds are another £300K, IHT may be due.
  • Land_Registry
    Land_Registry Posts: 5,776 Organisation Representative
    First Anniversary Name Dropper First Post
    G_M wrote: »
    Love it!

    You're asking me?

    Maybe I should apply for a job.

    But yes - I think you are right.

    I was posing it as a Q out of politeness really in case you had spotted something specific that took you down the route you suggested

    Answering such Qs would not be part of any job interview though but would be part of your on the job training if successful!

    PS - not allowed to use emojis so no smiley face or thumbs up - sorry
    “Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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