How To Transfer Property After Death Of Parent?

When your parents pass away, not only do you have to deal with all the emotional turmoil but you will also need to understand the legal position regarding the ownership of their house. In this article, how to transfer property after death of parent, we take a look at the options open to you.

Free Initial Telephone Discussion

For a free initial discussion on how we can help deal with the legal implications of transferring your parents’ house after they have passed away, get in touch with us today. We will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you understand your rights and also avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or complete our online enquiry form and a member of the team will get back to you.

Transferring Your Parent’s house

The actual process of transferring the property and the person responsible for this will depend upon how the property was owned by the deceased parent. Consequently, the first thing to establish is whether the house was owned jointly with another person, or if it was owned in the sole name of the deceased.

If the property was owned by a sole owner

If the property was owned in the sole name of the deceased and the property title is registered at the Land Registry, then the transfer process is relatively straight forward. The Executor or Administrator will need to transfer the property to the person who is entitled to inherit under the terms of the Will (if there is one) or inheritance laws (if there isn’t).

If the property is to be transferred to a beneficiary the Executor or Administrator will need to submit a document called an ‘Assent’ to the Land Registry, with a copy of the Grant of Representation. The Land Registry will then transfer the property into the name of the new owner.

It’s important to note that the property cannot be transferred without a Grant of Representation, as this tells the Land Registry that the Personal Representative has the authority to transfer the property. This also applies if the property is to be sold. The Grant of Representation gives the Personal Representative authority to sign the transfer document that will transfer the property to the buyers.

If the property was owned by Joint Owners

The transfer process is slightly more complicated if the deceased owned the property in joint names with someone else. There are two different ways in which property can be jointly owned; as Joint Tenants or Tenants in Common.

Joint Tenants

If the property is owned jointly as joint tenants, neither person owns a specific share of the property. On one owner’s death, the surviving joint owner will automatically inherit the whole of the property. This will happen regardless of who the property is left to in the deceased’s Will.

In order to transfer the property into the sole name of the surviving joint owner, a death certificate needs to be sent to the Land Registry, who will update the title. If the deeds to the property are unregistered, it is possible to place a death certificate with the deeds, but it’s advisable to register the title with the Land Registry at this point. Once this has been done, the property will then be registered in the name of the surviving joint owner.

Tenants in Common

If the property is owned jointly as tenants in common, then each owner will own a specific share. This is often 50% but it can be divided in any proportion. The deceased’s share of the property must be dealt with in accordance with their Will, or the Rules of Intestacy if there is no Will.

To deal with the transfer of a property owned as tenants in common, the surviving joint owner is the person who has the authority to deal with any transfer. This may or may not be the Personal Representative. The Land Registry will therefore not need to see  the Grant of Representation in order to deal with the legal title before transferring the property, as they need only act on the instructions of the surviving joint owner.

If the deeds to the property are not registered, any transfer of the legal title in these circumstances will be a trigger for first registration. The application for the registration and the transfer can take place at the same time.

Where the property title is unregistered, the death of a co-owner does not trigger first registration and the death certificate can just be placed with the deeds. However, if the co-owner wishes to transfer the title to add the deceased co-owner’s beneficiaries then first registration is compulsory.

The importance of writing a Will

Knowing in what capacity your parents own their house is, therefore, important. Additionally, it is essential that your parents write a Will so that their final wishes are clearly laid out.

A Will is a legal document explaining your last wishes and can include who you would like to leave your assets to, what your funeral arrangements should be and also perhaps setting up trusts for loved ones to ensure their financial security or instructions to leave something to your favourite charity.

How we can help

We have a proven track-record of helping clients write their Will and deal with the process of probate. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact our Wills and Probate Solicitors

It is important for you to be well informed about the issues and possible implications of dealing with probate matters. We can provide the support and guidance you need to get through the process as simply and straightforwardly as possible.

To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or allow a member of the team to get back to you by filling in our online enquiry form. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Authored by Ben Posted in News, Private Client Tagged as