Title Deeds + No Will

anotherteenytinyant

Hi, I created this account to get some advice. In brief, my father passed away 2 years ago without a will, he left with an outstanding mortgage balance on our family home (still under his name in the title deeds) which I have finally payed off and the mortgage company have removed their charges from the title deeds/register ( I downloaded a copy of it to confirm this). My mum (next of kin) is eligible for a government eco-grant scheme (installation of cladding, wall cavity & new boiler) however a problem arose when finalising the application as the property was still under my fathers name. My question is how do I remove my fathers name from the title deeds and have my mum as the owner of the property/family home? Is it a quick and cost effective process? Can this be completed by myself and my sister?
Any advice would be much appreciated. Thanks

Keep_pedalling

Have you obtained probate for his estate? If you haven’t then that is something you will need to do before you can register the change of ownership with the land registry.

Once you have probate you will need to complete form AS1 to get the property in her name. 

https://assets.publishing.service.gov.uk/media/6620d1aa09ee0861b6757d38/AS1__2024-04-22_.doc

Keep_pedalling

What was the net value of your father’s estate?  If the value is high enough a surviving spouse does not automatically inherit it all if there are children.

anotherteenytinyant

@Keep_pedalling Will probate still apply if my father didn't leave a will behind?

thegreenone

My husband is, as I type, picking up the new LR documents having changed his Mum's house into her name after FiL died.  It has taken about four months(?) with a solicitor doing all the work.  I have no idea on cost, sorry.  Although everything is going to Mum, I think you need to apply for probate as the house is in your Dad's name.  That what my hubby and SiL have done and then applied to transfer to MiL.  Harsh, but this will also make your life easier when Mum goes.

A new boiler - yes but make sure the rads are up to date to cope with it otherwise there may be more costs.  Be very careful about cladding and wall cavity insulation.   Does Mum really, really want to stay in the house?  Or would she be up for a move to a warm, well insulated flat somewhere near you?  But not a retirement flat.

McKneff

No will means no probate is required. I am surprised no one has said this. 

You need letters of administration 

Keep_pedalling

McKneff said:

No will means no probate is required. I am surprised no one has said this. 

You need letters of administration 

Yes sorry , I should have said LOA, but the process is almost identical even the government describe it as applying for probate without a will.

https://www.gov.uk/government/publications/apply-for-probate-by-post-if-there-is-not-a-will