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Probate property with x3 administrators but one dies
Probate property with x3 administrators but one dies
Posted
Fri, 05 Jul 2024 12:00:16 GMT
by
Nat Mor
Hello, my gran died in 2019. Her surviving 3 sons were granted probate in 2020. The property is still in the deceased name as it was to be sold in probate. They wanted to sell the property to a 3rd party but were not offered the price requested. Some time has now passed and I have requested to purchase the property with gifted equity. However, as they are not listed owners, they cannot provide gifted equity approval.
In this case should they transfer ownership to be able to gift equity? and
Complete forms - AP1, AS1 and ID checks for all 3 administrators? Are these the correct forms to be completed?
One of the sons has is now deceased as of December 2023. Should they still be included in the forms? What evidence needs to be provided in that instance? Should the form only be completed by x2 of the administrators and what should replace the deceased administrator?
Posted
Fri, 05 Jul 2024 12:40:47 GMT
by
Nimish Patel
Hello Nat Mor - The form AS1 would not be appropriate if the title is being transferred. We would need:
- form AP1
- form TR1
- form ID1 or form ID3 for all the parties involved (including you, if the transfer was to you) and were not legally represented
Who should be named as the transferor would depend on what is stated on the Probate. If the Probate requires participation of all three executors, and one of them has died, then we would need the person appointed to look after the estate of the deceased executor.
Hope this helps.
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