Updating Property Records When a Parent Dies

[Randy Winkman]

My mother died last year and I have recently been granted probate as the executor. My brother lives overseas and the two of us are equal beneficiaries. We plan to sell her house during this year but at the moment I'm selling mine and planning to move into hers for a while. But that's just as we do some final paperwork and sorting of her belongings. There's no chance I'll stay at her house longer than I need to.

Point is, as executor, do I need to to transfer ownership of her house to either me or me and my brother in order to sell it? Or do I just use the current land registry document that shows her as owner, plus the will and grant of probate letter to allow a conveyancer to transfer ownership to the new person that buys her house? That does look simpler. Cheers.

[alscar]

Aiui and you and your brother are the only 2 Executors ( or you are the sole one ) then you still have to transfer the house to the beneficiaries names - I think its a simple one form process though to LR.As Executor your role is to protect the estate and maximise the inheritance but you still have a duty of care with the Executor role coming before your own wishes.
I think with permission though from all of the other beneficiaries ( ie your brother ) you can move in but naturally there will be expenses in maintaining living there ( Council tax , electricity and such like ) so not 100% sure what happens to "compensate" your brother although depending on your relationship that may not even be an issue ?

[essayer]

You don't have to transfer ownership. As executor, you can sell the house and add the proceeds to the estate. Whatever you and your brother agree to.

[Mr Overheads]

Sounds like you could pay rent to the estate until the house is sold to keep everything clearly defined incase it takes a long time to sell.

[Randy Winkman]

Thanks for the replies so far. Very helpful. I genuinely dont want to stay there that long. But there are no issues at all between me and my brother with regards fairness of it all. Nothing needs to be done with regards any "benefit" from me living in a house that's half his. He knows I am doing all the work and just wants to let it happen and keep out of the way. And transferring ownership even just to me seems to involve some sort of hassle with regards the forms being witnessed. If there's no point I'd rather not bother.

When you look as the simple papers we have it seems straightforward - she owned the house, she died, my brother and I are beneficiaries, I am the executor and got probate. All of that can genuinely be read on the paperwork in about 2 minutes.

[Randy Winkman]

essayer said:

You don't have to transfer ownership. As executor, you can sell the house and add the proceeds to the estate. Whatever you and your brother agree to.

Many thanks. That looks like the simple option and I found this video which includes that as option 4.

Transferring the property to the beneficiary/beneficiaries is option 3.

It does also include the options of noting the death and registering the personal representative (me) to help prevent fraud while we still have the house. I'll look into that.

https://www.youtube.com/watch?v=ARyku6fmRtw&t=...