mother passed away, how to change name on title deeds of house

[PallasAthena]

Duplicated post

[PallasAthena]

Are you paying rent to the Estate (or direct to your siblings)?

[scoobydoo1]

I'm not paying rent no, house is owned in my mother's name currently, she passed away a few weeks bavk

[scoobydoo1]

Hence I was going to apply for probate and the to register the house in my name on land registry,

But with sister wanting to sell I'm not sure if I can now with it being in dispute with her, just wondered what my options are on the will, can I do that now or does it have to be fully agreed by all 3 of us to put house in my name or do I now have to think about selling 2hich I don't want to do

[atticus]

The answer is simple. Either you buy your sisters out or you sell the house and divvy up the proceeds. If need be they can take you to court to force a sale, under the Trusts of Land and Appointment of Trustees Act 1996.

[scoobydoo1]

So basically there's no point in me now applying for probate and then registering in my name on land registry

[Pezza54]

You still have to apply for probate whatever happens to the property

If the total value of your mother's estate including the property, is over or close to £325k, you need to get the property valued

[atticus]

So basically there's no point in me now applying for probate and then registering in my name on land registry

Nope. Quite the opposite. You are executor. You need to fulfil your duties as such.

Or you could renounce the right to take out a grant of Probate so that one of your siblings can step in.

[scoobydoo1]

Ok thank you for all your help and replies

[scoobydoo1]

ive looked into ways to buy my sister out, releasing equity seems to be out as u need to be 55, unless i got that wrong, i,m not sure which is best option a loan for 40k assuming i get accepted or a mortgage which is best or is there another option out there that i havent seen? any help would be appreciated, as i dont want to sell the house if i can help it

[atticus]

You should consult a financial/mortgage adviser on those questions.

[scoobydoo1]

just applied for probate, now when it comes back and have to register on land registry, do i need to put house in my name or do i need to put it in all our names, (3 siblings) we are trying to buy one out , is it easier to just put it in my name? the 2nd sister is ok with this, the 3rd just wants her share, rather than put it in all 3 of our names, then once shes bought out id have to revisit land registry and switch it back to just mine again, ? any thoughts on the best /right way?

[atticus]

You can transfer the title to its final destination, which it appears may be you plus one sibling.

[scoobydoo1]

just heard back from sister despite me saying i,m looking to buy her out, she said and quote if you dont i will look to auction the house if it doesnt sell in a month,

can she do this? force me to auction the house even tho i,m trying to put the funds together to buy her out if i cant then abviously i will put house up for sale

is there a timeframe from putting house up for sale to the time she can force me to auction the house if its taking its time or it doesnt actually get any offers etc

its just starting to get a bit messy, so called sister hey lol

[atticus]

You might care to remind her that you are executor, that you have applied for but not yet obtained the grant of probate, and that until a grant of probate is obtained no one has legal authority to sell, so would she please stop being silly.