Transferring title deeds after bereavement

DecimalPhoenix

Hi,

I'm in the process of selling my mum's house after she passed away recently and I've been granted probate. I've noticed the title deeds still have my dad's name on, although he passed away in 2008. Of course the property would have been passed to my mum on his death so there isn't a problem. The Land Registry have advised me to include my dad's death certificate along with the grant of probate when I transfer the deeds.

My question is, if I'm planning on selling the house, is there any need to transfer the deeds in my name first? Or would I just wait until the house is sold, and the deeds would be transferred to the new owners.

Thanks for any advice in advance

greatcrested

Transferring to yourself as Executer is usually pointless. It adds admin, legal/land registry costs etc.

As Executer with probate you can sell the property as it is.

The only issue might be if the buyer's solicitor queries your dad's name being on the Title.

Were you also the Executer for your dad (assuming he left a will), or Administrator (if no will)?

Did you have Probate for your dad in your name?

Do you know if your mum & dad owned as 'Tenants in Common' or 'Joint Tenants'?

If Joint Tenants, then mum would automatically own the property 100% on dad's death. If TIC it depends on the will (or rules of intestacy).

Slithery

DecimalPhoenix said:
Of course the property would have been passed to my mum on his death so there isn't a problem.

There's no 'of course' about it, your father could have left the property to someone else entirely. Who dealt with your father's estate?

xylophone

My question is, if I'm planning on selling the house, is there any need to transfer the deeds in my name first?

You do not have to transfer the property into your name - you can sell as executor.

SDLT_Geek

As a matter of "proving title" it is enough to prove that your father died before your mother.  This can be done by his death certificate.  The legal title would vest by survivorship in the survivor.  A buyer would not need to see probate for your father.  
You would need to provide the probate for your mother to prove your entitlement as executor to sell the property.

greatcrested

SDLT_Geek said:

As a matter of "proving title" it is enough to prove that your father died before your mother.  This can be done by his death certificate.  The legal title would vest by survivorship in the survivor.  A buyer would not need to see probate for your father.  
You would need to provide the probate for your mother to prove your entitlement as executor to sell the property.

That is only true if they owned as 'Joint Tenants'.

We have no information.... and nor does the prospective buyer....

If they owned as TIC common and dad's share of the property passed to, say, his mistress, then his mistress would have to agree the sale, and be entitled to a % of the sale proceeds.

Unlikely, yes. But possible.

SDLT_Geek

The legal title can only ever be held as joint tenants.  Yes, OP needs to know how beneficial ownership devolved under the father's will so the sale proceeds can get paid to the correct people.  My comments were directed to the issue of proving title to the buyer.

getmore4less

greatcrested said:

SDLT_Geek said:

As a matter of "proving title" it is enough to prove that your father died before your mother.  This can be done by his death certificate.  The legal title would vest by survivorship in the survivor.  A buyer would not need to see probate for your father.  
You would need to provide the probate for your mother to prove your entitlement as executor to sell the property.

That is only true if they owned as 'Joint Tenants'.

We have no information.... and nor does the prospective buyer....

If they owned as TIC common and dad's share of the property passed to, say, his mistress, then his mistress would have to agree the sale, and be entitled to a % of the sale proceeds.

Unlikely, yes. But possible.

Beneficial owners have no say in the sale of a property.

Joint or TIC makes no difference. 
Where there is a Form A restriction and a sole legal owner they will need to appoint another trustee but that can be anyone. 

DecimalPhoenix

Sorry for the delay in replying. Still have Dad's will, I was the executor (can't remember if I applied for probate, will have to check through paperwork). Everything was left to me or mum, no-one else was named in the will.

frogglet

My dads name was still on the title when mum died. I sold it as executor. The solicitor found this out in the process of selling it. She asked for a death certificate and copy of the will. 

DecimalPhoenix

frogglet said:

My dads name was still on the title when mum died. I sold it as executor. The solicitor found this out in the process of selling it. She asked for a death certificate and copy of the will. 

Thanks.