Changing house deed after mothers death (2 brothers)

captrico

My mother left her house to my brother and myself in her will.  The deed has my late father on it as well, and they were 'joint tenants' on the deed.   The property shows 'unregistered' online because they bought it in 1986 i think.  I am the main executor of the will, and my brother has opted as an executor in reserve , so the grant of probate lists only myself as executor.  
When i apply for the deed change with the land registry would i include his name on the application too?  He lives in the USA and isnt planning on coming over here for a few months, but wants to sell the house.    I want to make this as streamlined as possible so that when it has sold it is hassle free when signing over the deed to the new owners.  Will the Land Registry care about the will, or are they mostly concerned with the grant of probate?

kipsterno1

If you are planning to sell the house then don't do anything. Leave it to the conveyancing solicitor to sort out as one process during sale.

sammyjammy

If you are selling the property its best to do this in the names of your parents, no need to transfer ownership, will just take more time and cost more money.  The sooner you start the process to get it registered the smoother the sale will be.  Its good you have the deeds, if you don't have documentation to prove ownership its pain in the ****

Flugelhorn

the only person to be concerned about the registration is the solicitor and the grant  probate will allow the executor to sell the property - no need to change names on the registry / deeds, the executor can sell it as it is and as @kipsterno1 the solicitor will deal with it all 

Keep_pedalling

Your conveyancing solicitor can sort this out during the selling process there is no need to transfer it into your names first it will only complicate things doing that. No changes can be made without probate. 

captrico

Thank you for the replies.  So im the executor and a beneficiary. My brother is named also in the will. 50/50 will.  He is not named (printed) on the grant of probate, just me, but he is a reserve executor if needed and was named during the probate application.   So, if the house is sold, with an estate agent, we still need a solicitor to complete the deal? Or does the buyer provide their own solicitor? So far i have done everything without one.    

p00hsticks

captrico said:

Thank you for the replies.  So im the executor and a beneficiary. My brother is named also in the will. 50/50 will.  He is not named (printed) on the grant of probate, just me, but he is a reserve executor if needed and was named during the probate application.   So, if the house is sold, with an estate agent, we still need a solicitor to complete the deal? Or does the buyer provide their own solicitor? So far i have done everything without one.    

Although some brave people go it alone, it's usual with house purchases for both buyers and sellers to have solicitors (or at least conveyancers) to act for them. 

In your case as the property isn't currently registered electronically at the Land Registry, you have the added complication of having to prove that your parents owned the house and that you have the right to sell it.  

For that I think you'll need to produce the house deeds with your mother and father named as owners, your mother's and father's death certificates, and the grant of probate for your mother. As others have said, once happy with this info and armed with the deeds, the buyers solicitor can then get the property registered in the new owners name as part of the buying process. 

Flugelhorn

You really will need a solicitor to do the conveyancing - this isn't quite straightforward (but not a problem for someone who does it all the time) 

5 years ago I paid solicitor to do all this  including bank transfer fees etc and VAT it was £732 - gets all efficiently sorted 

captrico

p00hsticks said:

captrico said:

Thank you for the replies.  So im the executor and a beneficiary. My brother is named also in the will. 50/50 will.  He is not named (printed) on the grant of probate, just me, but he is a reserve executor if needed and was named during the probate application.   So, if the house is sold, with an estate agent, we still need a solicitor to complete the deal? Or does the buyer provide their own solicitor? So far i have done everything without one.    

Although some brave people go it alone, it's usual with house purchases for both buyers and sellers to have solicitors (or at least conveyancers) to act for them. 

In your case as the property isn't currently registered electronically at the Land Registry, you have the added complication of having to prove that your parents owned the house and that you have the right to sell it.  

For that I think you'll need to produce the house deeds with your mother and father named as owners, your mother's and father's death certificates, and the grant of probate for your mother. As others have said, once happy with this info and armed with the deeds, the buyers solicitor can then get the property registered in the new owners name as part of the buying process. 

Yes, i have the original deed and all the paperwork they got when they purchased the place in the 80s. I have both death certificates and the grant of probate on hand. There is no mortgage and is paid in full.  But online it shows not registered, so for now i would leave it as it is? Let the new owners do the registration?

RAS

You've already got probate? If so, before you even put the house on the market ask around friends and neighbours for good conveyancing solicitors. Ask for quotes, ensuring they know it's first registration. The registration will be done by the buyer's solicitor but the whole process depends on the quality of the documents you provide and your solicitor's prompt understanding of what the buyer's solicitor requires to meet the regulations. Don't necessarily pick the cheapest, pick someone experienced, possibly someone near your home or the house. So, it's easier to drop additional paperwork off rather than relying on snail mail.

You need someone who is experienced in dealing with first registrations. Before you appoint anyone, ask them how many first registrations they have done. 

The solicitor should also be able to advise you what other documents are needed for the sale, like FENSA certificates, so you've time to hunt those out before they are needed.

And do make sure you scan everything before you deliver it or send it. If you've not got a scanner at home, check with your local libraries.

captrico

RAS said:

You've already got probate? If so, before you even put the house on the market ask around friends and neighbours for good conveyancing solicitors. Ask for quotes, ensuring they know it's first registration. The registration will be done by the buyer's solicitor but the whole process depends on the quality of the documents you provide and your solicitor's prompt understanding of what the buyer's solicitor requires to meet the regulations. Don't necessarily pick the cheapest, pick someone experienced, possibly someone near your home or the house. So, it's easier to drop additional paperwork off rather than relying on snail mail.

You need someone who is experienced in dealing with first registrations. Before you appoint anyone, ask them how many first registrations they have done. 

The solicitor should also be able to advise you what other documents are needed for the sale, like FENSA certificates, so you've time to hunt those out before they are needed.

And do make sure you scan everything before you deliver it or send it. If you've not got a scanner at home, check with your local libraries.

OK, good advice.  I know they saved every document, so i will have to look through them.  Its an older 70s non traditional bungalow (willaway or smt) They had new double glazing in the 90s and doors and 2 conservatories on foundations.  Im sure there is paper evidence of the work done somewhere, but whether the builders and installers are around anymore is anyone's guess.   The house is on a good size lot and well established garden but a new buyer may knock the thing down, or be a cash buyer that just wants a place in the sticks by the sea.  I doubt a mortgage will be that easy for the type of property.  Hard to say.