Inherited property-Executor

Hello

My father passed away. I am the sole Executor of his Estate. He was the sole owner of the property. It is a registered property.

2 siblings and I are beneficiaries of the property. The terms of the Will are that I sell the property as Executor, pay any tax due on it and then divide the proceeds between the beneficiaries.

1. Do I need to transfer the property into my name as Executor to sell the property or does the property need to be transferred into the names of all the beneficiaries before it can be sold?

2. What forms do I need to submit? What documents do I need to provide? I understand I need to provide a certified death certificate and probate.

I would appreciate any information. Thank you.

Hello Ri - No a buyer can usually rely on the register and probate. 
However if you do decide you want to or need to update the register our online guidance explains how to do that - HMLR Guide: Start - External  · HM Land Registry

Thank you Adam.

I was told by a Conveyancer yesterday that I would have to submit an AP1 otherwise anyone can claim they are authorised to sell the property even though I have probate and even though they checked my father's name on the Registry. It's making me feel really worried. On top of everything else. So I would like to update the register.

1. When I complete the AP1 document, would it allow me to say I am the Executor? Do I give beneficiary names?Can I complete the ID1 and AP1 without a conveyancer? Do ID docs submitted be certified?

2. Do I need a new valuation to submit as part of the update. Is this the valuation given in IHT form? This was an average estimate.

Sorry. I have a further question about the Guide you've given:

If I want to update register as Executor and beneficiary [In the Guide: Start External - HM Land Registry}

Qu2: asks "Do you want to transfer/assent or sell the land or property of the person who died"
- is this a 'Yes' - given that I am the Executor and Beneficiary?

qu4 - asks "is this a transfer to a beneficiary of the person who died?"
- Is this a "Yes"

Because according to the terms of the Will I need to sell the property as an Executor and then give all beneficiaries the proceeds. Even though I am both Executor and Beneficiary. My two siblings are also beneficiaries.

Is there a panel to say I an registering Assent as Executor selling the property? I understand AS1 is for change for all land and property in the title.

Ri - probate is the legal authority to deal with the deceased's estate. If the property forms part of the estate then only the executor can deal with it so not anyone can claim they have that authority.
If you are applying to register yourself in your capacity as the executor then you don't name the beneficiaries.
HMLR Guide Page  · HM Land Registry explains - the answer to "Do you want to transfer/assent or sell the land or property of the person who died" is a No
The beneficiaries have no role to play until after you have sold and realised the beneficial ownership value, namely the purchase monies that can then be shared as appropriate

Thank you so much Adam.

Ri - one thing to add, but in no way to add to any uncertainty or worry, but it's rare for an executor to register themselves in that capacity if selling. A buyer will often rely on the register and probate as mentioned and be able to complete on that basis.
However we only see the 'end' application so are not privy to reason(s) as to why the ned to register exists. Perhaps a Q to raise with your conveyancer as they may be aware of other reason(s) as to why they have given the advice they have 
You would not be doing anything 'wrong' in registering yourself but if it's not necessary for the sale/purchase then something to consider

Thank you so much Adam for clarifying.

Adam

I will register myself I think. The Conveyancer did not fill me with any confidence in his competence or approach.

1. If I register with AP1, are Architect's valuations accepted? Do I simply imput the valuation or leave it blank because this will change? I understand the Fee scale will reflect valuation.

2. Re Transfer of another property to another Beneficiary
There is a second property which is part of the Estate which I have to transfer in entirety to one sibling. So do I complete the following so that she is registered as the legal owner:
- AP1, AS1, TRI ?

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