Changing name on title deeds.

Richard_Webster

[Quote:Originally Posted by simpywimpy
My mother died two years ago and we havent bothered going through the probate yet as my dad is still living in the house. When he dies, the whole house will pass to me so do you think we are safe just to wait and do both probates at once and transfer the house to me?

they are listed as tenants in common on the deeds

When dad dies obtain grant of probate for just for dad's estate and you can then sell by producing the death certificate for mum and the probate for dad. As they were tenants in common there will be a restriction on the register that prevents a disposition by a sole surviving owner. You get round that by appointing a second trustee (e.g. your spouse, sibling, or even your solicitor) in the transfer deed when you sell, which is a few lines on a document and no big deal. The second trustee's only jobs are to sign the transfer deed (TR1) and make sure you deal with the proceeds in accordance with the wills.