Registering a property for the first time into 4 names

Hello,

My father died in 2017, leaving his house, which has never been registered, to myself and my brother. The house was jointly owned by mother (who died in 2013) and my father as joint tenants.  The estate was wound up and probate issued in 2017, but we have not yet registered the property or transferred it into our names, which we now wish to do.

The property is valued at £370 000 and there is no mortgage. We want to register the property in 4 names as tenants in common, but I am not sure if this can all be done in one go, or if we need to register the property initially in the names of my brother and myself as the stated beneficiaries  in my father's will and then do a separate change of registration into all 4 names.

I think the registration fee is scale 1, voluntary registration, so £250.00? but am not sure if there are any other fees and exactly what forms I will need to complete.

Many thanks,
Jon

Jon - the executor(s) can transfer the title to the new owners in one transaction.
The transfer triggers a compulsory first registration so Scale 1 on the full market value - fee £330
A voluntary application could only have been made by both parents or your Father following her death for example. The fact that it needs to be transferred to change the legal ownership means it's not now voluntary

Adam - thanks for the quick reply, that's really helpful. 

Could you also help me with exactly which forms I need to complete and, whether I need to send just the title deeds my father owned, but also the ones prior to this showing previous purchase of the land, before the house was built? Finally, would I need to send in my marriage certificate to show amendment of name as the will uses my surname at birth, but I have taken this name and my wife's surname  together, since marriage. 

Thanks again,
Jon

Jon - see our PG 1 for guidance on how to make an application for first registration. This explains what forms and documents we will require including which deeds/documents you will need to provide to confirm your late parents' ownership 
Our online guidance also explains how to complete the form TR1 (Transfer) from the executor(s) to the four of you 
We do not see the will as any transfer will rely upon the Probate to provide the confirmation of the legal authority of the named executor(s) to then deal with the estate. If your name has changed since probate was granted you will need to provide evidence to confirm that change as appropriate, for example a copy of the marriage certificate you refer to and written confirmation re the choice of new name.
I would recommend seeking legal advice/assistance as well as a conveyancer is familiar with the legal and registration requirements, can help identify the deeds/documents required, verify all your identities and also advise on wider matters such as the impact of owning the title in four joint names and what impact that may have re other property ownership, wills and more

Thanks again with all your help.

Working through the guidance I have come up with a couple more questions, if you don't mind?
 

1. My father's death was several years ago (2017). We were not aware that the property was not registered and we did not know it was urgent to transfer it into our names. Are we now classed as outside of time limits and do we therefore have to complete other forms?
2. Am I right that the value of property should be current value, not probate value?
3. Do I need to complete an AS1 form as well as a TR1 form, as they seem to be very similar?
4. As executor, am I the transferor, but also a transferee, or is the transferor my father?
5. The house is currently let out. If I have declared this as an overriding interest in Panel 11 of the FR1 form and completed D1, should I also include a note of this in Panel 12? 

Thanks again,
​​​​​​​Jon

Jon - 1. time limits don't apply here from a registration perspective. Properties are often inherited but remain as part of the deceased's estate until the executor(s) deal with the estate fully and transfer the legal ownership
2. Correct - current market value
3. No - forms TR1 and AS1 are both transfer forms. Form AS1 is used where you are transferring solely to beneficiaries. As you are 'adding' more transferees a TR1 would be the form to use. 
Note as simply an aside - as you are dealing with unregistered property there are no prescribed forms you must use so in effect you could use either. But form TR1 would be the appropriate form if the property was already registered
4. The executor is the Transferor
5. See PG 1 sections 4.3.11 and 4.3.12 for guidance re panels 11 and 12. They are not the same thing

Thanks  - this is so helpful. Can I just say that being able to get replies so quickly and in such detail  is an amazing service.

Jon - thank you. The forum can work for some better than others and am pleased it's proved useful for you