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Posted 21 days ago by Tony Harley
Hi there. I thought I was quite good at understanding things but I am lost and confused right now.
My mum passed away this week, being the sole owner or the family home of over 50 years. She lived alone.

The will puts my sister and myself as executors and she has also left the house to us both.

We are not sure what to do re the house (keep or sell) so want to transfer the house into our names. It's worth about £300,000 and the rest of her estate is not requiring me to set up probate.

So my question is. If I want to take legal control of the house and put my sister and my names onto the deeds / ownership details, do I need probate? Or is it quite simply filling in a form as I think?

We may sell the house later this year, but for peace of mind, we want the house to be in our names first. It gives us more peace to know it's ours, even for a short time.

Can somebody help explain if probate is needed as I'm just confused. 

Thank
Posted 20 days ago by Adam Hookway
Hi Tony - if your Mum was the sole legal owner then you most certainly do need probate. The property forms part of her estate and whilst you may not need probate for anything else you do need it to be able to legally deal with the property 
Once you have probate you can then transfer the property into your names as appropriate - HMLR Guide: Start - External  · HM Land Registry
Posted 20 days ago by Tony Harley
It's great to have an answer so simply laid out - I really appreciate that - thanks

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