Inheritance and Land Registry transfer

[Skippy12]

Following my mother’s death, myself and my younger sister were named as administrators of her estate as my elder sister lives several hundred miles away. We now have the letters of administration, and the intention is to sell the property we have inherited. However, my elder sister is unable to travel to assist with the paperwork and my understanding is that if all three of us are to be named on the land registry records, we each need to sign the AS1 and AP1 documents in the presence of witnesses, so we can’t just post the documents to her.

Once the property is sold the proceeds would be split three ways, but is it a requirement that it's transferred into all three names or is it possible to transfer just to the two administrators pending the sale? If either option is ok, are there any benefits or complications in going one way or the other? Any help you can give would be very much appreciated.

[atticus]

Surely she can sign separately, in the presence of another witness.

You and your younger sister can of course sell the property as administrators of your late mother's estate, without first transferring it into your names. As administrators, you would then distribute the resulting cash.

[Skippy12]

Many thanks for your reply. Would selling the property, with my late mother still being named as the registered owner, not cause problems in the conveyancing process? I'm just wondering if taking the quickest option now might slow things down later on with the sale.

[atticus]

You would be selling as administrators of your late mother's estate. This happens regularly.

[Skippy12]

Many thanks for your response, much appreciated.

[dslippy]

It would cause more difficulty to try to do what you suggested.

As administrators of the estate it is your (the two of you) duty to sell, and the conveyancing system will not be held up by you doing eactly what you swore to the court you would - 'collect, get in and administer according to law the real and personal estate of the deceased'