Probate & Land Registry

bobster2

Sad situation that I'll keep very factual to avoid including any identifying information....

Parents owned a house as tenants-in-common and had standard mirror wills leaving everything to each other in the first instance.

Parent 1 died. I obtained Probate as Executor and distributed all assets to Parent 2 - except I did not get round to completing the Land Registry Deceased joint proprietor (DJP) form to remove Parent 1 from the register before Parent 2 sadly got very sick and also died within months (my understanding is that beneficial ownership nevertheless transferred to Parent 2 even though the register was not updated).

With Probate obtained for Parent 2 - in order to sell the house can I just give both Grants of Probate to conveyancing solicitor? Sell - and then they will both be replaced on the register by the new owners.

Or do I still need to complete a DJP to remove Parent 1 - leaving Parent 2 as the sole proprieter temporarily before the sale?

(The query is just about the practicalities of selling + Land Registry. Probate and tax is all sorted (50% share of property was declared in Parent 1 estate report, 100% of property in Parent 2's, IHT report compiled on Parent 2's estate on that basis).

SeniorSam

A conveyancing solicitor will be able to suggest the best way forward. |It can be doe either way, but one way may be more efficient from a sales point of view. Just ask the solicitors you intend to use and they can advise you or in fact do it for you.

bobster2

SeniorSam said:

A conveyancing solicitor will be able to suggest the best way forward. |It can be doe either way, but one way may be more efficient from a sales point of view. Just ask the solicitors you intend to use and they can advise you or in fact do it for you.

Ok thanks. Yes - I'll be using a conveyancing solicitor. Just wanted a preliminary view.

Flugelhorn

I had this only the parents were joint tenants and nothing had been done following father's death 19 years before  ... when finally sold after mother's  I just gave the solicitor the death certs and the probate and they didn't bat an eyelid - certainly didn't delay anyone or cause any concern