Any point in applying for probate?

toonjohn32

My grandmother has just died. I am executor of the will. The only asset is her house which is worth approximately £200000, so is below the inheritance tax threshold. The house has never been registered with the land registry. I have the title deeds in my possession. Do I need to apply for probate as there is no organisation that needs informed or requires proof of probate as far as I can tell? The house will be sold and the money paid to the beneficiaries in the will. When sold the new owners will have to register with the land registry.

Rodders53

You will need Probate to Sell the House via a Conveyancing Solicitor and sort out the Title first registration in the process.

NittyGritty

you can apply for probate yourself for around £300 online (assuming price hasnt changed since i last did it) its much cheaper and easier than paying solicitors

i think you will have to register the house in ur name to put the house on the market aswell others might be along to confirm this

RAS

NittyGritty said:

i think you will have to register the house in ur name to put the house on the market aswell others might be along to confirm this

The house needs can be sold by the estate, not transferred to the beneficiaries. Transfer to the beneficiaries has all sorts of implications for SDLT, CGT, first ownership status, benefit rights etc that should avoided. 

AFAIK, there is nothing to prevent the executor(s) going for first registration with the ownership being "The executors of deceased". @Land_Registry

Alternatively it could be sold and first registration undertaken as part of the sale.

But first registration can takes time because the executors need to demonstrate good title. Do you actually have the deeds?

Land_Registry

If your grandmother was the sole legal owner then you will need probate in order to deal with the property as it forms part of her estate
A buyer may be willing to complete and register for the first time based on their purchase. However many won't, usually because the conveyancer/mortgage lender say No. 
You can use our online assisted guidance to identify what's needed to apply - HMLR Guide: Start - External  · HM Land Registry
You can register yourself as the 'executor' 
If you need to register first and then sell you can request expedition once you have a confirmed buyer - Request an expedite - GOV.UK
Whilst you can do this yourself land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation.

toonjohn32

RAS said:

NittyGritty said:

i think you will have to register the house in ur name to put the house on the market aswell others might be along to confirm this

The house needs can be sold by the estate, not transferred to the beneficiaries. Transfer to the beneficiaries has all sorts of implications for SDLT, CGT, first ownership status, benefit rights etc that should avoided. 

AFAIK, there is nothing to prevent the executor(s) going for first registration with the ownership being "The executors of deceased". @Land_Registry

Alternatively it could be sold and first registration undertaken as part of the sale.

But first registration can takes time because the executors need to demonstrate good title. Do you actually have the deeds?

I have the deeds to the house. They are actually in my grandfathers name who died in 1974! I have his will in my possession which leaves the house to my late gran.

Land_Registry

toonjohn32 said:

RAS said:

NittyGritty said:

i think you will have to register the house in ur name to put the house on the market aswell others might be along to confirm this

The house needs can be sold by the estate, not transferred to the beneficiaries. Transfer to the beneficiaries has all sorts of implications for SDLT, CGT, first ownership status, benefit rights etc that should avoided. 

AFAIK, there is nothing to prevent the executor(s) going for first registration with the ownership being "The executors of deceased". @Land_Registry

Alternatively it could be sold and first registration undertaken as part of the sale.

But first registration can takes time because the executors need to demonstrate good title. Do you actually have the deeds?

I have the deeds to the house. They are actually in my grandfathers name who died in 1974! I have his will in my possession which leaves the house to my late gran.

Wills/Inheritance don't transfer the legal ownership so you need probate for your Grandfather and work forward from there as appropriate. For example if his executor then died you need probate for them as well to create a chain of representation
Speak to your legal rep to confirm and to clarify next steps/requirements

GDB2222

If grandpa's executors have died, and perhaps nobody knows who their executors were, would the op need to apply to the court to sort this out? 

Keep_pedalling

Land_Registry said:

toonjohn32 said:

RAS said:

NittyGritty said:

i think you will have to register the house in ur name to put the house on the market aswell others might be along to confirm this

The house needs can be sold by the estate, not transferred to the beneficiaries. Transfer to the beneficiaries has all sorts of implications for SDLT, CGT, first ownership status, benefit rights etc that should avoided. 

AFAIK, there is nothing to prevent the executor(s) going for first registration with the ownership being "The executors of deceased". @Land_Registry

Alternatively it could be sold and first registration undertaken as part of the sale.

But first registration can takes time because the executors need to demonstrate good title. Do you actually have the deeds?

I have the deeds to the house. They are actually in my grandfathers name who died in 1974! I have his will in my possession which leaves the house to my late gran.

Wills/Inheritance don't transfer the legal ownership so you need probate for your Grandfather and work forward from there as appropriate. For example if his executor then died you need probate for them as well to create a chain of representation
Speak to your legal rep to confirm and to clarify next steps/requirements

GDB2222 said:

If grandpa's executors have died, and perhaps nobody knows who their executors were, would the op need to apply to the court to sort this out? 

There is no need to get probate for a deceased executor,  assuming no one actually applied for probate for grandfather and his executors are no longer alive or capable of applying the OP can apply for a  grant of letters of administration with will annexed.

SVaz

The absolute last thing you should be doing is registering the house if you are selling.  It adds months to the sales process.

1. Get probate.
2. Give deeds and probate details to your Conveyancer,  the new owner/ their conveyancer  will register the property. 

RAS

Start by getting probate for grandfather. Thankfully you have a will, but unless his executor is alive, it's administration with will, so going to be slower. If the executor is alive, they may want to renounce anyway.

Until you sort that out, you can't seriously sort out grandmother's probate.