What Happens to the Family Home When Someone Dies? The Questions No One Asks Soon Enough

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.

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.

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.