An executor of a deceased estate, who may be an inexperienced family member, has the task of unraveling the deceased’s possessions. They must first determine what they owned at the moment of their death, and then dispose of the items legally and correctly. We focus on updating property records in this article, as part of the broader picture of administering deceased estates.
Confirming the Deceased Owned a Property
The wise executor adopts a policy of ‘don’t tell me, show me’, when valuing an estate for inheritance tax purposes. This is particularly important when it comes to fixed property, because this is often where most of the value lies. Did the deceased own the property where they lived, or does it belong to someone else?
The best place to start is the Gov.UK website, which is the official place for updating property records. There, you can download copies of a particular property summary, title plan, and title register. These should unequivocally confirm who owns the property with the title number.
The subject property you are investigating may be freehold or leasehold, and jointly or individually owned. At times like these, it can pay handsomely to assess its real value with help from our property specialists. We have a panel of experienced RICS Chartered Surveyors available to assist.
Procedures for Updating Property Records in England
The correct procedure to follow when updating property records, depends on whether the property in question is individually or jointly owned. It is of utmost importance to follow the correct process, or else your application to amend the register could be sidetracked. In which case the estate may take longer to close out, and unnecessarily occupy your time.
If A Joint Owner Of A Property Dies
If a joint owner dies you will need the following information at hand. before completing Form DJP, which is a request to remove the property from the register:
- The local authority in whose remit the subject property falls.
- The address of the property, including the title and post code.
- Official copies of the death certificate and your grant of probate.
- Your name, physical address, and email address for correspondence.
If A Sole Owner Of A Property Dies
If a sole owner dies, then there is normally no need to remove the property from the register. A conveyancer transfers the property to the heir in due course, or the purchaser of the property as may be.
IF YOU TRANSFER THE PROPERTY TO AN HEIR
If you transfer the property to an heir (or joint heirs) in terms of the estate, you will need the following available, before you complete forms API and ASI:
- An official copy of grant of probate or letters of administration.
- Stamp duty land tax certificate if the value is above the minimum.
The heir (or heirs) only have to assist with the form if the applicant is not the executor.
IF YOU TRANSFER THE PROPERTY TO A THIRD PARTY
In this case you need to transfer ownership of the property by following the normal conveyancing route. However, since this is a deceased estate, you do need to furnish the purchaser with an official copy of the grant of probate, or letters of administration issued in the UK.
You will also need to provide the conveyancer with the following information, before you complete forms API and ASI:
- An official copy of grant of probate or letters of administration.
- Stamp duty land tax certificate, if the value is above the minimum.
The heir (or heirs) only have to assist with the form if the applicant is not the executor.
IF YOU TRANSFER THE PROPERTY TO A THIRD PARTY
In this case you need to transfer ownership of the property by following the normal conveyancing route. However, since this is a deceased estate you do need to furnish the purchaser with an official copy of the grant of probate, or letters of administration issued in the UK.
You will also need to provide the conveyancer with the Stamp Duty Land Tax certificate or self-certificate, the fee, and an official copy of the grant of probate or letters of administration issued in the UK.
What If I Have a Foreign Grant of Probate?
In this instance you need to either (a) apply for a grant of probate in the UK, or (b) have the foreign grant of probate ‘resealed’ in the UK before you proceed as outlined above.
Where to Get More Assistance and Advice
Avery Associates has a team of property consultants able to advise on property valuations in England, and supply all the necessary paperwork required to submit to IRS for tax calculations.
More Information
UK Property Data at Your Fingertips
