Can we legally sell parents house.

NotGertrude

After my parents passed, I was advised that some buyers (or rather , their solicitors) don't mind if it's not registered in the sellers own name in the case of an inherited property. Alternatively, once you have probate you can apply to transfer the title if an inherited property to your name with the LR at the same time as putting it in the market - as the process of selling and the process of the LR transfering title into your name may well take about the same time (ca 5 months?) . It's relatively straightforward to register a roperty with the Land Registry, once you have probate (which itself can take months). You do have to fill in forms carefully but if you follow instructions diligently you can get it done yourself. Two words of warning however! The LR said they'd contacted my notary to confirm my ID 3 months after I applied to transfer, but did nothing when they didn't hear from him. He never actually received any correspondence from them either. The application basically stopped for additional months until I emailed the LR to ask when the transfer would be completed. Only then did they notice they hadn't heard back from him. ... As soon as I got title confirmed I also got an alert email. I acted on it at once, and eventually learned that the LR had assigned my property's title number to the title transfer application made by a solicitor for a property on the other side of the country. ! Again, the LR hadn't noticed their error themselves. While they are prompt at answering emails and great on the phone , I advise anyone to pursue their application if they don't hear anything for more than 4 months.

poseidon1

NotGertrude said:

After my parents passed, I was advised that some buyers (or rather , their solicitors) don't mind if it's not registered in the sellers own name in the case of an inherited property. Alternatively, once you have probate you can apply to transfer the title if an inherited property to your name with the LR at the same time as putting it in the market - as the process of selling and the process of the LR transfering title into your name may well take about the same time (ca 5 months?) . It's relatively straightforward to register a roperty with the Land Registry, once you have probate (which itself can take months). You do have to fill in forms carefully but if you follow instructions diligently you can get it done yourself. Two words of warning however! The LR said they'd contacted my notary to confirm my ID 3 months after I applied to transfer, but did nothing when they didn't hear from him. He never actually received any correspondence from them either. The application basically stopped for additional months until I emailed the LR to ask when the transfer would be completed. Only then did they notice they hadn't heard back from him. ... As soon as I got title confirmed I also got an alert email. I acted on it at once, and eventually learned that the LR had assigned my property's title number to the title transfer application made by a solicitor for a property on the other side of the country. ! Again, the LR hadn't noticed their error themselves. While they are prompt at answering emails and great on the phone , I advise anyone to pursue their application if they don't hear anything for more than 4 months.

I would counsel the original OP to be aware that your post where you handled first registration on a DIY basis,  is not necessarily representative of their circumstance. There are key, important distinctions.

You state you handled probate for both parents which suggests they both had valid wills clearly stating who  inherits the property on each death, which you then successfully obtained probate thereon  thereby ensuring a solid 'chain of representation '  upon which the LR ( together with the property deeds)  could successfully proceed  to complete the FR1 process.

The OP's wife  in this case  diverges substantially from yours. Here both parents died intestate  with  incomplete administration of the father' s estate  ( who died first )  with attendant lack of clarity as to who actually  inherited the property on his demise. This was  compounded by the widow giving the impression the property was jointly owned  with her late husband prior to his death  ( it was not) so letters of administration may well have been obtained for the widow on the faulty assumption she legally owned the property. 

Therefore too many legal loose ends to establish an unbroken ' chain of repesentation'  for a clean FR1 registration process without professional help, and certainly before it is marketed for sale.

NotGertrude

Yes, I agree. I was however going on the impression that probate would eventually be possible, as suggested on reading other posts. But yes, each case is different. 

pothole70

Thank you for all the wonderful advice regarding the sale of the house, we spoke to a solicitor and because the wording on the High Court of Justice reads as follows. 

Be it be known that (dad’s name) of ( dad's address) died on 30th October 2016 domiciled in England and Wales intestate.

And be it further known that administration of all the estate which by law devolves to and vests in the personal representative of the said deceased was granted by the High Court of Justice on this date to ( my wife’s name and address) for the use and benefit of (her mum) limited until further representation be granted.

This was dated 22nd March 2017 and gives my wife legal rights to sell the house.

Thanks again for all the help and wonderful advice.