Both parents have now died and the Land Registry still has both of their names on the title

My parents (married to each other!) owned their house as joint tenants. My father died a few years ago, and I believe he died intestate.  My Mother did not file Form DJP to update title at the Land Registry.

My mother has now passed away. She left a will (leaving her house in equal shares to us her children). The property is not to be sold.

How should the executor proceed to sell the house given it is now too late for Mother to file a DJP and title is still formally registered in both parents' names on the Register?

Supplementary question, please: I understand that my father did not leave a Will.  But, if one did surface in my mother's papers, would the process for transferring the property to a 3rd party on a sale differ?  For this purpose, I am assuming that father would have left his estate to my mother, which is the most likely scenario.  If it turns out that father did leave a will (along these lines), would probate now have to be separately obtained for my father' estate as well before the property could be sold?

Many thanks.
 

Sorry there was an error in my question above: it should have sad 'The property is now to be sold.'

W Venn - We cannot provide guidance on how the executor should proceed in selling the house as that would be going beyond our remit.  You need to speak to your legal advisor on the matter.  We can only provide guidance from land registration perspective. 

The first issue to consider is what is the intention of those involved -  is the title to be registered in the name(s) of the beneficiaries of your mother's estate or is it to be sold straight away.    

Guidance on our website on GOV.UK under How to update property records when someone has died may be the best place to begin with. 

With regards to your father's name still being on the register, as he passed away before your mother, an official or certified copy of the Death Certificate would suffice our requirements.  An official or certified copy of Probate for your mother's estate is what we would be looking for mainly.  These would have to be accompanied by the relevant land registration forms and fees. 

On the supplementary question, that is something you need to discuss with your legal advisor. 

Thank you Nimish Patel. 

My questions are only about the process with the Land Registry for the sale of the property.
The property - now in Mother's estate -  is to be sold straightaway, not to be registered in the names of the beneficiaries
As I understand, what is now required to process a sale is (a) official/certified copy of probate for mother (b) official/certified copy of death certificate for father and (c) 'relevant registration forms'. 

So: 

-which forms (c) would these be, please?
-I assume all these documents would be submitted by [registered] post as they could not be sent electronically?!

Many thanks.
 

W Venn - If the intention is for the property to be sold straightaway, then the registration would most likely be done by the buyer or their legal representatives. 

They would require items (a) and (b) and for a transfer in form TR1 to be executed by the person(s) named as the executor on your mother's probate.  If the executor is not legally represented, then they will also be required to provide evidence of identity in form ID1 or form ID3.  If there is any Charge or Restriction on the title register then we would need appropriate action and evidence for them. 

The link that I provided in my earlier response would list the forms that would need to be completed.  All our forms can be downloaded from our website - Land registration: Searches, fees and forms - GOV.UK

You would not be expected to submit the application to change the register if you are selling the property. 

I hope this helps to clarify the position.