House - registered owner(s)

[melonfool]

Me again.

Originally my parents owned their house as joint tenants. Dad died in 2020, mum died last year and I am dealing with her estate. I've just checked the LR and both are still listed as registered owners of the house. I recall talking to mum about this when dad died and I thought she had done something about it, but clearly not.

Does it matter?

Will it slow down any sale? I have probate and a will entered into probate for dad, plus will for mum (and probate by the time I come to sell) - is that enough or should I be trying to get this sorted out now, before I get around to trying to sell the house?

thanks

Mel

[Gerry557]

I think the best bet would be to start the ball rolling now as it might reduce any delay. Also be upfront about the situation before hand. That way any potential buyer isn't blindsided.

Most will give you a little leeway if things don't get sorted in a normal timescale. Many properties are put up for sale pending probate

[melonfool]

I think the best bet would be to start the ball rolling now as it might reduce any delay. Also be upfront about the situation before hand. That way any potential buyer isn't blindsided.

Most will give you a little leeway if things don't get sorted in a normal timescale. Many properties are put up for sale pending probate

Yeah, it will definitely be up for sale as soon as I apply for probate.

But the issue is do I need to do something to take dad's name off before I can do anything else?

I might phone the land registry and ask them.

Mel

[Lootman]

I think the best bet would be to start the ball rolling now as it might reduce any delay. Also be upfront about the situation before hand. That way any potential buyer isn't blindsided.

Most will give you a little leeway if things don't get sorted in a normal timescale. Many properties are put up for sale pending probate

Yeah, it will definitely be up for sale as soon as I apply for probate.

But the issue is do I need to do something to take dad's name off before I can do anything else?

I might phone the land registry and ask them.

Mel

My mother died in 2007 whereupon I discovered that her house was still registered in joint names with my father, who had died in 1990.

It mattered not at all. The solicitor who handled the sale simply re-registered it in her sole name as part of the process. No delay as far as I recall.

[pochisoldi]

Form DJP can be used to remove a deceased joint tenant.
Requires a death cert (original or certified copy) or certified copy of probate docs for the first death.

No fee required.

The other option is probably to provide probate docs for Dad+Mum when the property is transferred to the executor/personal rep, or assented or sold.

Note that DJP is "easy" you only have to "prove" death, no identity checks etc, as it does not change the remaining owners, it simply gives administrative effect to how joint tenancy actually operates.

[gryffron]

Hi Mel,
I'd be worried Land Registry might actually take LONGER if you try to do two jobs separately. They just took 5 months to update an entry for probate on my dad's estate. Can you sell while an update is already pending? IANAL but I'd also suggest it might be quicker to sort it all out in one shot as part of the sale.

Talk to your solicitor about this and ask them what they recommend. Use a proper solicitor to do it, not one of the cheapo conveyancing factories. And certainly not the one recommended by the estate agent . A proper solicitor is only slightly more expensive and MUCH more competent.

Gryff

[DrFfybes]

Yeah, it will definitely be up for sale as soon as I apply for probate.

But the issue is do I need to do something to take dad's name off before I can do anything else?

I might phone the land registry and ask them.

Mel

Why wait before putting it up for sale?

Get the agents in now whilst you are clearing it, take their advice on presentation and what (not) to remove.

Re LR names, as Lootman says, it doesn't seem to matter, I'm pretty sure we never notified LR when dad died and mum sold their house. I think the LR simply take the solicitor instruction to change the name on their entry, and the various sols asked for proof of ownership/authority to sell.

Paul

[pochisoldi]

Hi Mel,
I'd be worried Land Registry might actually take LONGER if you try to do two jobs separately. They just took 5 months to update an entry for probate on my dad's estate. Can you sell while an update is already pending? IANAL but I'd also suggest it might be quicker to sort it all out in one shot as part of the sale.

Talk to your solicitor about this and ask them what they recommend. Use a proper solicitor to do it, not one of the cheapo conveyancing factories. And certainly not the one recommended by the estate agent . A proper solicitor is only slightly more expensive and MUCH more competent.

Gryff

Getting probate will probably take longer than the time required for LR to process a DJP form, which in turn requires a lot less checking at LR than registering a transfer.

Having said that, following your advice to use a "proper solicitor" will probably result in a DJP form being filled in and submitted without the executor knowing about it.

The other alternative to a conveyancing factory is the conveyancing section of a local firm of solicitors - in my experience, the people doing the donkey work were good at the ordinary stuff, and competent enough to realise the limit of their competence and immediately refer questions up the seniority chain to keep things moving. The "local firm" bit also gives you the option to manually drop stuff off or sign stuff on premises - essential given the parlous state of the postal system these days.

[Clitheroekid]

There's really no need to do anything. I've often dealt with the sale of a property in this situation, and I simply supply a copy of your father's death certificate (no need to show the grant of probate, assuming they owned as joint tenants) to the buyer's solicitors.

They would then include it with their application to register the purchase, so LR would simultaneously register the devolution of title into your mother's sole name, the devolution of title to yourself as executor, and the subsequent transfer to the purchaser.

[melonfool]

Excellent, thank you. "Do nothing" is my favourite kind of doing, especially when I have so much to do!

To answer a few questions:

1) I have a very proper local solicitor all cued up, she's ready to do as much or as little as I need, she will most definitely be doing the conveyancing. This is a small very posh seaside town and I wanted someone local for a variety of reasons (not least because I want to go in and speak to them). You can be assured that any solicitor that submitted anything without me knowing about it would not be my solicitor for much longer, so that won't happen!

2) ref putting up for sale - I can't in all conscience put the house on the market until I have at least applied for probate. It feels dishonest to me. I know people understand probate sales but waiting for the govt to do their thing is fine, waiting for me is not.

3) I have had the estate agent round and I have spoken to them about presentation, I'm aiming for putting it on the market March for the Easter holidays and spring bounce, even if that only means a photo in the EA window. I want photos taken when the sun is out and the bulbs are starting to push through the soil (and might add a historic photo of the garden in summer). But I do also have to wait for the siblings to sort their heads out and collect stuff they want to take away. I live three hours from the property and while I can go there and work from home there, I do have to be in work due my job as well, so getting stuff sorted is hard.

I'm sure more questions will come to me. Thank you all.

Mel

Mel

[AJC5001]

But I do also have to wait for the siblings to sort their heads out and collect stuff they want to take away. I live three hours from the property and while I can go there and work from home there, I do have to be in work due my job as well, so getting stuff sorted is hard.

Mel

Have you considered hiring a self-storage unit somewhere near to hold anything that may be wanted? (such as 'Big Yellow' ) Gets stuff out of the house when trying to sell.
If siblings want anything, give them an ultimatum that you'll clear out the unit by a fixed date to cut your/their/estate costs so they better collect what they want before then!

Adrian