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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My wife and I own our home jointly. There is no mortgage

Resolved Question:

My wife and I own our home jointly. There is no mortgage involved. She has just died, intestate. How do I go about transferring the property to my sole ownership?
Submitted: 1 year ago.
Category: Property Law
Expert:  chatham-chamber replied 1 year ago.

Hi,

You will first need to obtain Grant of Probate from the Probate Registry. Once you have done this, you should be able to make an application to HM Land Registry and transfer the property to your sole name.

For details of how to apply for probate, see the following link: https://www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representation

Once you have obtained Probate, you will need to contact HMLand Registry and transfer the title. You will be able to do this on Form AS1. See the following link for further details: https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

Customer: replied 1 year ago.
Will H.M. Land Registry accept Letters of Administration rather than Probate?
Expert:  chatham-chamber replied 1 year ago.

Hi,

Yes they will.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

Expert:  Clare replied 1 year ago.

My name is ***** ***** I am sorry for your loss.

In fact you may not need a grant of probate at all.

It is possible that you and your wife held the property as beneficial Joint tenants in which case all you will need to do is complete an AP1 and send a copy of the Death Certificate to the Land Registry

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/490143/AP1.pdf

You can find out whether or not you held as beneficial Joint tenants by checking the Land Registry and looking for these words

RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Registrar or the court.

If they are then then I am afraid you will need to obtain Letters f Administration - contact you local probate Registry for an appointment.

You will then need an AS1 and an AP1 as well

Please ask if you need further details

Clare, Solicitor
Category: Property Law
Satisfied Customers: 34275
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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