Have probate but need to know what to do to transfer property.

thor

I'm not sure if this is the appropriate board so would welcome the mods shifting it if required. I was recently granted probate for my father's estate and have been browsing the land registry to see what needs doing to transfer his house to the next of kin(me).
I want to cut down on solicitor fees if possible and do it myself but I have to admit the guidance on this is a bit confusing.
I have read 'What do I do when a property owner dies' and I believe I need only send in form AP1, a copy of the probate and nothing else as my father owned the property outright. Does this sound right? What would fees would the land registry charge in this case?
I did call up their customer service on their pricey 0844 number but was flabbergasted that all they could do was direct me to their website or advise I get a conveyancer. I can't believe they get paid for dispensing this useful information.

ognum

you have probate but are you keeping or selling the property?

if you are selling you do not need to do anything, the house can be sold while in your fathers name and the transfer can be done when the sale is completed in the normal way.

If you are keeping, download the forms from the land registry site and send off with fee of about £100 when I did it. No need for solicitor!

thor

ognum wrote: »

you have probate but are you keeping or selling the property?

if you are selling you do not need to do anything, the house can be sold while in your fathers name and the transfer can be done when the sale is completed in the normal way.

If you are keeping, download the forms from the land registry site and send off with fee of about £100 when I did it. No need for solicitor!

I'm keeping the house. Did you just use form AP1? Is there a guide how to fill it in? It's a bit long winded in my opinion. Half of the form is about the conveyancer which I thought meant I could leave out since I am intending to send the application myself but then came across this in part 14"Where the application is sent to the Land Registry by someone who is not a conveyancer' 'Details of conveyancer acting'.
So I have to give the details of a conveyancer which I have not appointed.
Also are the name and address of each proprietor referring to cases where there are mortgage lenders?

Land_Registry

thor wrote: »

I'I did call up their customer service on their pricey 0844 number but was flabbergasted that all they could do was direct me to their website or advise I get a conveyancer. I can't believe they get paid for dispensing this useful information.

I am sorry that you had a bad experience when contacting our customer support.

The Public Guide 9 is the correct point of referral but how you proceed depends on the circumstances regarding your late father's property.

If it is registered and you intend to keep the property then you will need to refer to section 3.2 of the guide. Completed forms AP1 and AS1 would be required along with the other documentation as listed in that section.

There are notes to assist with the completion of both forms AS1 and AP1 available online - locate form AS1 on the website and the completion notes are available as a link just underneath it.

If after reading the forms you remain unsure of how to complete them then our Customer Support should be able to assist - I appreciate that your previous contact did not go well but if you are simply seeking assistance in completing our forms then they should be able to advise.

As far as panels 12, 13 and 14 are concerned of the form AP1 you do not need to complete these where the only application is an assent to yourself - this is explained in the notes mentioned above.

The fee payable to register the application is payable under Scale 2 of our fee order on the current market value of the property. You can use the online fee calculator to assess the fee. You may have established the current market value of the property for probate purposes and this figure can be added to the form AP1 and used to calculate the fee.

Finally, if the property is unregistered and/or you intend to do anything other than put the property in your name then you will need to refer to and follow the guidance provided in PG9. Land Registry can assist with the completion of forms, an explanation of our guides and procedural advice but we cannot provide legal advice - there are often a number of other issues to consider e.g. inheritance tax, wills etc which are outside our remit and as such we will often recommend customers to seek legal advice.

Please let us know how you get on with the PG, forms and website.

thor

Land_Registry_representative wrote: »

I am sorry that you had a bad experience when contacting our customer support.

The Public Guide 9 is the correct point of referral but how you proceed depends on the circumstances regarding your late father's property.

If it is registered and you intend to keep the property then you will need to refer to section 3.2 of the guide. Completed forms AP1 and AS1 would be required along with the other documentation as listed in that section.

There are notes to assist with the completion of both forms AS1 and AP1 available online - locate form AS1 on the website and the completion notes are available as a link just underneath it.

If after reading the forms you remain unsure of how to complete them then our Customer Support should be able to assist - I appreciate that your previous contact did not go well but if you are simply seeking assistance in completing our forms then they should be able to advise.

As far as panels 12, 13 and 14 are concerned of the form AP1 you do not need to complete these where the only application is an assent to yourself - this is explained in the notes mentioned above.

The fee payable to register the application is payable under Scale 2 of our fee order on the current market value of the property. You can use the online fee calculator to assess the fee. You may have established the current market value of the property for probate purposes and this figure can be added to the form AP1 and used to calculate the fee.

Finally, if the property is unregistered and/or you intend to do anything other than put the property in your name then you will need to refer to and follow the guidance provided in PG9. Land Registry can assist with the completion of forms, an explanation of our guides and procedural advice but we cannot provide legal advice - there are often a number of other issues to consider e.g. inheritance tax, wills etc which are outside our remit and as such we will often recommend customers to seek legal advice.

Please let us know how you get on with the PG, forms and website.

Hi,
Thanks for taking an interest.
The property is already registered so I guess I need only to complete AS1 and AP1. Is form AP1 used to notify the LR that my father has died? and form AS1 used to do the actual transfer(in this case to myself but can be used for other beneficiaries)?
If a conveyancer is not used will evidence of id be required or is that only when the beneficiary does not have a probate.
finally, I have found the guidance for form AS1 but cannot locate anything similar for form AP1. The actual form is there but there are no help files to be seen.

Land_Registry

If the property is registered then the 2 forms mentioned would appear to be the correct ones

Form AP1 is simply an application form - the lodgement of the AS1 and original/official copy of the probate will be the evidence that your Father has passed away.
Form AS1 is the correct form for an executor/personal representative to use to put the property in the name of any beneficiary.

As mentioned previously IF you are Assenting the property to yourself then no evidence of ID will be required. The existence of the Probate together with the transaction being solely between you as Executor and You as beneficiary eliminates the need for ID evidence to be supplied. IF other parties are involved then such evidence will be required - Public Guide 20 explains the requirements further.

Guidance re the AP1 is included with the AS1 notes - scroll down to the end part and look for the heading Application form AP1 - how to complete

Please note that the information I am providing is done so in general terms only as Land Registry cannot provide legal advice and this is often requried when dealing with a deceased's estate

thor

I have found the note for AP1 as you have described. What threw me was that the notes are within the AS1 notes. Maybe they should have their own download page to make them easier to find? Also they were in the Professional section of the the site, is there any reason they are not in the public section as well?
I am still not 100% about everything but once I have read through it all another time I'm pretty sure I'll be able to complete it ok.
So thanks for the help, your contribution has been very useful indeed:j

motherofstudents

I did this last year and agree there is quite a lot to wade through but once I sent the forms off, it was all done in a couple of days. Someone from the land registry phoned me and asked if I was including the parking space, she said that I probably didn't realise that I had to include it whereas if I had used a conveyancer they would have known. She was very nice and I received everything back the following day all done. Also I didn't download the forms, I must have been given them from somewhere but can't remember where now.

Land_Registry

thor wrote: »

I have found the note for AP1 as you have described. What threw me was that the notes are within the AS1 notes. Maybe they should have their own download page to make them easier to find? Also they were in the Professional section of the the site, is there any reason they are not in the public section as well?

The Notes for completion of the form AP1 are within the AS1 Notes as the guidance is specific to using the form with an AS1. Similarly the Notes within the TR1 (Transfer) notes are specific to using the form with a TR1.

The full list of forms is available in both the Professional and Public sections of the site although in the Public section we combine Forms and Fees

david_rh

I have seen your conv from earlier and I am in a similar position.I am trying as an executor to obtain a secured loan on a property in probate.The land registry records still show the property in the name of the deceased.Can the finance company still get a charge on the property as is normal practice when borrowing against property if i am not named on the register.I understand re form ap1 and as1,do I need them in my case to change the property into my name. The staff on 0844 num could not offer any help.The lender is still taking advice but I am running out of time.The customer service have told me it takes 15 working days to complete the change,unfortunately I do not have this long as I have been trying to arrange this now for many weeks.The lender has not been able to get a definitive answer from Land registry can you please help me.

Many thanks.

DVardysShadow

david_rh wrote: »

I have seen your conv from earlier and I am in a similar position.I am trying as an executor to obtain a secured loan on a property in probate.The land registry records still show the property in the name of the deceased.Can the finance company still get a charge on the property as is normal practice when borrowing against property if i am not named on the register.I understand re form ap1 and as1,do I need them in my case to change the property into my name. The staff on 0844 num could not offer any help.The lender is still taking advice but I am running out of time.The customer service have told me it takes 15 working days to complete the change,unfortunately I do not have this long as I have been trying to arrange this now for many weeks.The lender has not been able to get a definitive answer from Land registry can you please help me.

Many thanks.

Would you please go here http://forums.moneysavingexpert.com/forumdisplay.php?f=16 and use the 'new thread' button to start an new topic?

Your problem is only superficially similar to the one under discussion here - and the significant issue - that you want to take out a secured loan on a property under probate is totally irrelevant to the current discussion.