MadamAnnie

MadamAnnie

We are selling a house left to us by a dead relative and have been told that before it can be sold, ownership has to be transferred from him to the executors. Does anybody know if this is correct?

PasturesNew

Yes, otherwise anybody could sell it and say it was theirs.

BitterAndTwisted

I would have thought that the ownership would be transferred to whoever had inherited the property rather than the executors, who may not be the same person.

taxsaver

PasturesNew wrote: »

Yes, otherwise anybody could sell it and say it was theirs.

I'm not sure that is right.

Certainly probate must be obtained thus giving the exors. the power to transfer the property but I do not think it needs to actually be transferred into their names first but can be instead transferred straight to the beneficiaries (who might also be the exors.) or even directly to a third party purchaser.

DVardysShadow

taxsaver wrote: »

I'm not sure that is right.

Certainly probate must be obtained thus giving the exors. the power to transfer the property but I do not think it needs to actually be transferred into their names first but can be instead transferred straight to the beneficiaries (who might also be the exors.) or even directly to a third party purchaser.

That would be my working assumption. I doubt it could actually be unreservedly transferred to the executors in their own names. I would think it would be transferred to "X and Y, executors of the estate of the late <dead person>"

Hawkeye4aneye

Whoever is selling the property just needs the Probate and the deeds the Land Registry will do the rest once they have all the completed papers.

Even though it does not get physically transfered into the name of the Executors or indeed into the name of the beneficiary it will be the Executors who sign the contract for sale and any Transfer deed/Conveyance. The monies are paid from the propective new owners to the Executors, or more usually the Solicitors acting on their behalf who will pass the Original Death Certificate and Probate signed papers/forms onto the Land Registry. Then once the Land Registry have everything they will transfer the property to the new owner(s).

Therefore obtaining Probate is essential as without it there can be no passing of the title out of the name of the deceased. If Probate has yet to be obtained then there will be delays whilst this is done and the prospective new owners could pull out if this is too long! This happened a few times when I worked at a Solicitors and I gather still happens now as people do not realise that Probate has to be obtained. They think once they have an acceptable offer that is all they need and of course the prospective new owners think as normal that it will take a certain number of weeks and they will complete. When Probate is involved this can seriously delay matters.