Need to Reregister?

c0l

My two siblings and I recently inherited a house from our late mum. Technically, as dad died in 2016, we already owned half of it in trust. I have both parents death certificates and wills. Probate is pending. We intend to sell the house as soon as practically possible. Do we need to register the house in our joint names, or, can registration pass directly from our late parents to our purchaser?  

Tiglet2

No, you don't need to register in your joint names.  You just need to prove that you have the right to sell it, which you have as executors and beneficiaries of the Will and original Death Certificate.  Just bear in mind that you won't be able to complete on the sale until your solicitor has seen the original (or certified copy) Probate Certificate, though you can market and begin the conveyancing work prior to the certificate being issued.

SDLT_Geek

c0l said:

My two siblings and I recently inherited a house from our late mum. Technically, as dad died in 2016, we already owned half of it in trust. I have both parents death certificates and wills. Probate is pending. We intend to sell the house as soon as practically possible. Do we need to register the house in our joint names, or, can registration pass directly from our late parents to our purchaser?  

Legal title will have vested in your mother when your father died first.  So to prove title to your buyer, you need proof of death of your father (usually a death certificate) and then probate for your mother.  The sellers for the purpose of the contract are the executors of your mother.

What happens to the net sale proceeds follows the "beneficial interest" (half from your father's estate, half from your mother's) but that should not concern your buyer, who just needs to follow the legal title.

c0l

Thanks to you both for your help. I applied for Probate online a week ago. It's a very straightforward application with just a bank account and a house which together total approx £250K to account for...hopefully it won't take too long.