Selling a house with probate

Hughes7996

I am the sole executrix of my late mothers estate. I have recently received probate and I think therefore I am in a position to sell the property which is part of the estate.
My solicitor has advised that I need to "assend" the property to the beneficiaries of the estate (myself, my brother and sister) - as the property is unlikely to sell for more than the estimate noted in the probate forms is this necessary?
Also do I need to assent the property to myself in order to sell - note I do not think the property is registered with the Land Registry - it was built mid 1960s and has never been sold - my mother and father being the sole land/property owners - also after my fathers death my mother never had the deeds transferred just to her name - so my father's name is still on the deeds - all of which are available for inspection!
Any advice would be gratefully received.

Beckyy

I can't help with the main question, but I would thoroughly recommend getting the house valued by a few (not just one!) local estate agents instead of just going by you solicitors word that it wouldn't sell for much. Good luck

KateLiana27

We've just bought a probate house, which was never registered with land registry. When we completed on the sale it was registered for the first time. Wasn't a problem. Executors had nothing to do with the registration.

dancingfairy

Not sure but technically the house is in the hands of the executor(s) - ie you. Surely in order to discharge your duties as an executor you need to make sure everything (ie the house) is shared out/passed to those as appropriate - your brother and sister need to officially 'receive' their share surely? Is it an expensive and time consuming process?
Also I don't believe the fact that a house has never been registered should be a problem -I'm sure you can sell it and it then gets updated? Not sure how it works with the property being in your dads name though?
P.S I have no specific knowledge of this but this is what I have picked up on from reading on other threads so don't take it as gospel or anything.
df

getmore4less

If they(mum/dad) were joint tenent I think all you need is the death cert for your dad and that can be done at the same time as the next transfer and registration.

Otherwise you might need more paper work to show that she inherited the share again I think it an all be done as part of the next transfer.

As for the main question not sure why the solicitor thinks you need to assend the house.

What does the will say?

What do the benifitiaries want to happen?

if they want it sold then probably best to sell from the estate.

One issue to watch, is if it likely to sell to a person needing a mortgage some lenders like a place to have been owned for 6 months.

Jeffrey_Shaw

Hughes7996 wrote: »

I am the sole executrix of my late mothers estate. I have recently received probate and I think therefore I am in a position to sell the property which is part of the estate.
My solicitor has advised that I need to "assend" the property to the beneficiaries of the estate (myself, my brother and sister) - as the property is unlikely to sell for more than the estimate noted in the probate forms is this necessary?
Also do I need to assent the property to myself in order to sell - note I do not think the property is registered with the Land Registry - it was built mid 1960s and has never been sold - my mother and father being the sole land/property owners - also after my fathers death my mother never had the deeds transferred just to her name - so my father's name is still on the deeds - all of which are available for inspection!
Any advice would be gratefully received.

No. An ASSENT (= vesting ownership in Deceased's beneficiaries) is unnecessary. You as executrix can sell in that capacity.
Oh, and no- you don't need to register title either merely because there's a Grant of Probate (unless you assent).

josievg

getmore4less wrote: »

One issue to watch, is if it likely to sell to a person needing a mortgage some lenders like a place to have been owned for 6 months.

We bought a probate house and I was concerned re the 6 month rule in the lender's t&c. I called them at the start of the mortgage app process and the underwriters said less than 6 months was ok in probate cases. (Post Office / Bank of Ireland)