Death of Both Tenants in Common

Hello

We changed the joint ownership of my parents freehold house from Joint Tenants to Tenants In Common when my mother went into a care home. 

Sadly my mother passed away on the 8th September, followed by my father on 28th September.  

Both had current wills. My mother left everything to my father; my father left everything to my brother and I, and we are his joint executors.

We will need to apply for probate for my father, but am hoping that by completing suitable paperwork I can transfer the property to the sole ownership of my father, if that is feasible now he has passed away?

If so, it looks like that may be through completion of forms DJP, RX3 and ST5?

Alternatively is it possible to deal with the eventual transfer of the property in a single Land Registry transaction once probate has been granted?

Many thanks in advance for your kind advice. 

Hello Jonathan - I am sorry to read of your losses.
You can transfer the property in a single transaction/application once you have probate for your late Father.
When you apply to transfer the ownership you should include certified copies of both your late Mother's death certificate and Father's probate
Forms RX3 and ST5 can be used to cancel the form A restriction, which I assume is on the register, as appropriate
 

Many thanks for your prompt and helpful reply Adam.

Should I complete and submit RX3 and ST5 now, or when we complete the rest of the transaction after probate? 

Jonathan - what is the rest of the transaction please?

Adam, only the ‘single transaction/application’ you referred to in your initial reply. I just wanted to check if the submission of the RX3/ST5 all happens as part of that same application, once we’ve completed probate. 

Jonathan - forgive me for not making myself clear as you referred in your original post to a "eventual transfer of the property"  so I am trying to understand if that's actually what you mean, a transfer is the next transaction or are you perhaps referring to the transfer in the context of the result of the death?
As things currently stand, and with both joint owners having passed away, I would recommend obtaining probate and then transferring the legal ownership as appropriate. That would either be an Assent (AS1) to a beneficiary or a Transfer (TR1) to a new owner say on sale. Both are in effect 'transfers'.
It's at that point a decision can be made re the form A restriction as in the case of an Assent a form RX3/ST5 from the beneficiary should be appropriate but if it's a sale then it's not needed

I see, thanks Adam. I should have been clearer. 

My initial use of ‘transfer’ was really to understand the requirement (and process if required), for changing the property ownership from TIC to my father’s sole name. I wasn’t sure if that needed to be completed prior to obtaining probate. The second use of transfer was misleading, apologies, but you’ve fully answered the question with your subsequent replies, for which I’m very grateful. 

 

Jonathan - there's nothing on the land register that forms part of the probate application process so there's nothing that has to be updated before you can apply for probate.
Glad the extra info helped
 

Hi 
I’m wondering if anybody knows what to do now . Both my in laws passed away over 20 years ago , leaving no wills .
They own a property outright approx value £200,000.
The house as stayed in the family all this time , family members have lived in the property over the years , rent free to help them get onto the property ladder , the house is now empty We have been up keeping it , repairs etc ,and we are wondering what are the first steps to get this house sold , there are 3 children ( adults including my husband ) surviving their parents .
please any help will be so much appreciated.
Thankyou 
michelle

Hi Michelle - whilst this is a public forum it doesn't really operate in that way as it's primarily a communication channel between posters and HMLR. Less of a discussion/chat forum as a result.
From a purely registration perspective you need to start from how the property is registered - Search for land and property information - GOV.UK
It reads as if both in laws were joint owners and that the legal ownership has not been updated/transferred
If so then you will need Letters of Administration for the in law who out-lived the other 
Once you have confirmed the legal ownership and obtained letters of administration to enable a sale to take place