Transferring Property following Probate

Meggie951

I am the executor of my Fathers estate and have been granted probate.

I need to transfer his property into my sisters name (she lives in the property). I have looked on the land registry website and believe I need to complete Forms AS1 and AP1 and that I don't have to use a solicitor. Is this fairly straightforward to do myself and are there any pitfalls I need to be aware of.

Also I am requesting the deeds from the mortgage company who held them for safekeeping following the repayment of the mortgage. Form AP1 states that all documents sent with the form (both original and certified copies) will be destroyed. Do I need to keep the original and send a certified copy or as I assume new deeds will be issued do I send the original to be destroyed?

Thank you

Slithery

Meggie951 said:

Do I need to keep the original and send a certified copy or as I assume new deeds will be issued do I send the original to be destroyed?

New deeds are never issued. They're all held electronically nowadays.

FreeBear

Slithery said:

Meggie951 said:

Do I need to keep the original and send a certified copy or as I assume new deeds will be issued do I send the original to be destroyed?

New deeds are never issued. They're all held electronically nowadays.

Assuming the property is already registered, there shouldn't be any need to send the deeds. If it isn't registered, then you'll need to complete an FR1 and supply as much documentation as you can showing the chain of ownership from the time the house was built. You may also come across a need for an ID1 form, but the Land Registry will accept the grant of probate as proof (their reasoning is the courts have already confirmed your identity).

If you have to do a compulsory first registration (with the FR1 form), you can request the original documents are returned.

canaldumidi

Is the property registered? If not sure, Check here.

If it appears on the Land Registry site as registered, you can download the 'deeds' (title document and Plan) for £3 each.

If not registered, you'll have to do a compulsry 1st registration.

https://www.gov.uk/government/publications/first-registrations/practice-guide-1-first-registrations

Either way, provided there is no mortgage, and you are reasonably literate (you've coped with HMRC and Probate so I guess yes!), it's straightforward if you follow the guidance.

Note if you need to complete ID1 (ID check), there are relaxed rules due to Covid:

https://www.gov.uk/government/publications/temporary-changes-to-hm-land-registrys-evidence-of-identity-requirements-pg67a

Johnhowell

Meggie,

I would try and keep the original deeds records for the property.  I understand that you can request the originals be return to you from Land Registry.  There are some clauses in original deeds that do NOT get transcribed into the "electronic" copy.  Also the original plan usually have markings that are not transferred to the electronic version - e.g. boundary "T" or "H" marks 

If the originals will get destroyed than I would not send them but copies only.

We have the original deeds here and the Land Registry "electronic" document states "copies held" which means they copied a version of the originals some how...

Good Luck
J

FreeBear

canaldumidi said: Either way, provided there is no mortgage, and you are reasonably literate (you've coped with HMRC and Probate so I guess yes!), it's straightforward if you follow the guidance.

Note if you need to complete ID1 (ID check), there are relaxed rules due to Covid:

When I did a compulsory first registration and assent, the LR accepted the grant of probate in lieu of an ID1 - The OP should check to see if that is still the case.

Agree that the paperwork is pretty straightforward - Just watch the wording on the AS1 and use the example given in the guidance notes.