Is the Property Registered with HM Land Registry?
A simple search of the HM Land Registry portal will confirm if the property is registered.
If so, you will be able to download the title register and plan.
If not, you will need to locate the property's title deeds to verify ownership.
If you are planning ahead, it is sensible to instruct a solicitor to submit a Voluntary First Registration application on your behalf.
This will streamline sales in the future.
How is the Property in Question Owned?
This is the key question. There are two options:
- Joint Tenants – This means that you own the property jointly with one or more parties and, on death, it will automatically pass to the surviving owner. If the surviving owner wishes to sell the family home, they can do so immediately after notifying the Land Registry using Form DJP (Death of Joint Proprietor).
- Tenants in Common – This means that you own the property with one or more parties in distinct, and often unequal, shares. Unlike joint tenants there is ‘no right of survivorship’ meaning that a deceased owner’s shares will not automatically pass to the surviving owner and instead, will pass to their beneficiaries in accordance with their will. If the property is owned in this way, a restriction will be on the title preventing the surviving co-owner from selling without a third party, often a sole executor, being involved.
Can You Sell a House Immediately After a Death?
If the property is owned in one name, the property can be marketed straightaway but cannot be sold until the executor has obtained the Grant of Probate (if a will is in place) or Letters of Administration (if the deceased died without a will).
At present, the turnaround time for a Grant of Probate in England Wales is 8-12 weeks but it could take up to 16 weeks if the applications are more complex.
Due to the varying speeds, it is fundamental that you manage the chain’s expectations from the outset of the transaction.
At Myerson, our Residential Property team works closely with our Wills, Trusts and Probate department, without duplicating any advice, to give clear and accurate timelines to our clients.
Grant of Probate & Letters of Administration - What Is The Difference?
Can the Property be Sold if There is a Mortgage?
Yes, but the lender must consent to the sale or repay their mortgage in full on completion. We will assist with obtaining a final redemption statement and arrange on completion of the sale.
Can the Property be Transferred Rather Than Sold?
Yes, but the process depends on how the property is held (see above).
If the property is owned as joint tenants, it will automatically pass to the survivor.
Alternatively, if the property is owned in the deceased’s sole name, the executor can transfer the property to the beneficiary via an assent.
Regardless of the transfer mechanism, it is wise to seek legal advice as to the registration requirements and SDLT considerations for the estate and the beneficiary.
What are the Common Issues That Cause Delays?
Unfortunately, legal, administrative and personal complexities are not uncommon.
Whether you are faced with missing deeds, unregistered land or delays at the probate registry, we have the resources under one roof to assist you.
As a full-service law firm, our Private Client and Contentious Probate teams are on hand to step in where necessary.
Our Thoughts
Contact Our Residential Property Team
Dealing with a property after death can be complex. Our Residential Property team provide clear, practical advice at every stage.
If you need guidance, please get in touch with our team today.
0161 941 4000
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Laura Higgins
Associate
Laura is an Associate in our Residential Property team. Laura has experience in a wide range of residential property transactions, including freehold and leasehold sales and purchases, Transfers and Assents.
About Laura Higgins