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Transferring name on house deeds following parent death
My mother died leaving me her house. I am the executor of the will (along with my husband) and sole beneficiary. probate has been done and granted, there is no mortgage or debts on the property and it is freehold, but now trying to work best and cheapest way to transfer deeds to my name. Can someone simplify what I need to do, is there more than one form to complete, does form signature have to be witnessed etc. funds are limited and what quotes i have got seem to vary greatly. thank you
Comments
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Sorry for your loss. Are you going to take possession of the property, or are you selling it as the executor?
If the latter, you don't need to transfer it into your name in order to sell it - the Grant of Probate is your permission to sell the property as Executor to the estate. The buyers' conveyancing solicitors will transfer it to their name as part of the completion process.
Someone else can perhaps advise you if you're taking possession. I've only done that where my name was already on the deeds.
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I also understand that you get six months free Council Tax after probate is granted so if you transfer it into your name you willl probably lose this. What are your plans for the property?
Thrifty Till 50 Then Spend Till the End
You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time1 -
I haven't made a decision on what to do with the property yet as it still needs to be emptied etc but as of now it's unoccupied. I may rent it out but don't have plans to live in it myself. sounds like I should at least hold off transferring to my name until I have made a decision what to do with it.
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That would be a wise thing to do especially if you have no experience of being a landlord, which is not something anyone should get into without doing extensive homework on what that will involve.
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Make sure you have empty property insurance, get the heating checked so it can meet the insurance requirements.
If you are considering renting the property out, please check all the legal requirements and get quotes on how much would be needed to meet them.
And learn landlord/tenant law. Getting that wrong can be very costly and you may struggle to evict a difficult tenant.
If you've have not made a mistake, you've made nothing1 -
You may want to check with the local authority whether you still get the exemption once probate is granted. Not sure if it is all council's but I have seen the following on a council's website
exemption where properties
Are left empty because either probate or letters of administration are awaited, or less than 6 months have elapsed since they were granted. This exemption does not apply if the property has been left to a beneficiary in the deceased’s will. As they have become the new owner they will be liable to the Council Tax"
So in terms of council tax, it doesnt seem to make a difference.
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