Title deeds not updated

Hello. My mother has just died and my father died in January last year. We obtained probate for him in October and we will obviously be applying for probate for my mother. My father left the house to my mother in his Will but now she has died and the property is only registered in his name (ie on the title deeds). My question is what will we need to do to sell the property? Do we have to wait until we have probate for my mother or can we sell it as Executors of my father's estate? I've read conflicting information on the internet as to whether the property is still part of my father's estate or not. 

Hello Geoffrey - I am sorry to read of your losses. The property (it's legal ownership) forms part of the deceased sole owner's estate until the executors deal with it, namely either transfer it to a beneficiary or sell it.
Whether you can proceed to completion will depend on the buyer but generally speaking a buyer can rely on probate plus register as evidence of the executor's authority to sell
For example your late Father's executor should be able to sell it and I assume that wasn't your late Mother. Do check with your own legal rep and of course the buyer as to their requirements also

Thank you very much for that information and the prompt reply to my post. This would presumably mean that when we apply for probate for mother we would not include the house (ie its value) because even though she was the beneficial owner she was not the legal owner.

Geoffrey - we don't deal with probate matters specifically so you seek wider/legal advice on that score as appropriate