Advice about house after father has died to put it in my name.

Land_Registry

james_uk said:

Land_Registry said:

The key here is probate for your late Father. As it was in their joint names when Mum passed away the legal ownership passed to your Father. When he died it then became part of his estate so probate is required. 

Once you have that you can legally deal with the property so it could be sold or if you decide to keep it, transferred (assented) into your name as the sole beneficiary. 

Our online assisted guidance shows you what’s needed from a purely registration perspective so have a read re both transferring it to someone else or to yourself as the beneficiary. 

As you haven’t checked yet I’d also suggest checking if it’s registered and what the register states . If it refers to anything more than just their joint names, say a restriction, then post again to confirm and also what you plan to do, namely sell or keep it.

We never need to see the will as that deals with the beneficial ownership which we don’t register.

Hi, i paid £3 to look at the register state and it did just show both my mum and dad. When you say it would just go to my dad, does it not matter if he hasn't informed them etc? or when i fill in the forms to get it in my name will it have a part where i put that both have now passed away?

Sadly death is factual so it doesn’t generally matter when we are informed. The key is that we have to be when the legal ownership actually changes. So if 2 people own a property, both die, then the executor notifies is re both deaths when they transfer the legal ownership 
So if your Mum died first you’d need the death certificate for her plus probate for him. You then transfer (AS1 - as his executor) the whole legal ownership to you (as the beneficiary. 

The death certificate and probate confirm the two deaths and the order in which they happened. The order matters as when Mum died the whole legal ownership passed to Dad so is part of his estate hence probate needed after his death and not hers. 

If you are selling, and not keeping it, then you don’t usually have to update the register. A buyer will want the same death certificate and probate to complete 

james_uk

Land_Registry said:

james_uk said:

Land_Registry said:

The key here is probate for your late Father. As it was in their joint names when Mum passed away the legal ownership passed to your Father. When he died it then became part of his estate so probate is required. 

Once you have that you can legally deal with the property so it could be sold or if you decide to keep it, transferred (assented) into your name as the sole beneficiary. 

Our online assisted guidance shows you what’s needed from a purely registration perspective so have a read re both transferring it to someone else or to yourself as the beneficiary. 

As you haven’t checked yet I’d also suggest checking if it’s registered and what the register states . If it refers to anything more than just their joint names, say a restriction, then post again to confirm and also what you plan to do, namely sell or keep it.

We never need to see the will as that deals with the beneficial ownership which we don’t register.

Hi, i paid £3 to look at the register state and it did just show both my mum and dad. When you say it would just go to my dad, does it not matter if he hasn't informed them etc? or when i fill in the forms to get it in my name will it have a part where i put that both have now passed away?

Sadly death is factual so it doesn’t generally matter when we are informed. The key is that we have to be when the legal ownership actually changes. So if 2 people own a property, both die, then the executor notifies is re both deaths when they transfer the legal ownership 
So if your Mum died first you’d need the death certificate for her plus probate for him. You then transfer (AS1 - as his executor) the whole legal ownership to you (as the beneficiary. 

The death certificate and probate confirm the two deaths and the order in which they happened. The order matters as when Mum died the whole legal ownership passed to Dad so is part of his estate hence probate needed after his death and not hers. 

If you are selling, and not keeping it, then you don’t usually have to update the register. A buyer will want the same death certificate and probate to complete 

Thank you for your reply, thats really helpful.

As i will be selling and from what you have said do i not really need to fill in this AS1 form then and could look into listing the house for sale straight away and any legal stuff in the middle would then ask for the probate and death certificates?

Also i am waiting gor the grant of probate to come through from the solicitor, would i not be able to do anything in regards to selling until that is in my hand?

Land_Registry

Most probate sales go through without updating the register re death/beneficiary. As it is you can’t update it fully yet as you don’t have probate anyway. 

You’d have to check with any estate agent, buyer or acting solicitor as to whether you can move on with the sale and to what stage. It can happen but can be frustrating if next steps are on hold waiting for probate. Others will have more experience re such things as we register the outcome(s) after probate has been provided 

Mojisola

You can start marketing the house before you get probate - you will need to prove to the EA that you have the right to do this - but it may reduce the number of people willing to offer. 

RAS

james_uk said:

Up to now the solicitor said is only instructed by me to get the grant of probate, he has emailed me today saying that the probate papers have been filed with the PRFD.

I don't think the PRFD deal with probate? 

If the paperwork has been sent to the Courts and Tribunal Service, you can start marketing the property as long as the viewers are told it's a probate sale.