What Happens To Someone’s Home When They Die?
There isn’t a straightforward answer to that particular question as it will very much depend on a number of factors including whether they were the sole owner or if they owned it with someone else, if they had a mortgage or had released equity from the property, or whether they had placed it in trust during their lifetime.
The first thing to establish is who is going to be responsible for dealing with the property. It might be the surviving co-owner, their executor if they had made a Will or, if there isn’t a Will then it’s a matter of working out who is responsible for dealing with their affairs.
If it’s the surviving owner, they will need to inform the Land Registry of the death of the co-owner so that the property can then be transferred into their sole name.
If there is a Will, the Executor should be named in it and they will be the person who has to deal with the property as set out in the Will. When there isn’t a Will there is a strict list of the people who should deal with the estate and this should be checked to make sure the right person is acting as the Personal Representative (PR).
The very first step the Executor or PR should take is ensure that the property is secure. This might mean gathering in the keys to the property from family members and friends who were helping to look after the owner before their death. They should also remove any valuables for safekeeping if the property is unoccupied.
Another vital step to take is to check that there is building insurance cover over the property. If there were to be a fire or other disaster at the property, the beneficiaries could hold the executor personally responsible for the loss of the gift that they should have received if there is no insurance in place.
The next steps will depend on whether the house is to be sold or whether it is to be transferred to the beneficiaries, but in all cases where the deceased owned a property in their sole name the executors will need to apply for a Grant of Probate.
If the property is to pass directly to the beneficiaries, this is done by way of an Assent. This is a legal document that shows that the Executor is transferring the property to the beneficiaries. The Land Registry will not change the names on the property without the Grant of Probate and the Assent signed by all parties.
If the property is to be sold it can remain in the name of the deceased, but it will be the executor who will sign all of the legal documents in relation to the sale. It is always best to ask at least 3 estate agents to provide a valuation for the property and to give quotes for their fees. Both the valuations and the quotes can vary greatly. It might be that as Executor you want to discuss the marketing of the property with the beneficiaries, but the final decision will rest with the executor.
It is vital to find a lawyer who is familiar with both the practicalities of selling an estate property, but also the emotional effects that selling a family home may bring. Here at Vine Law we pride ourselves on offering a compassionate and understanding ear during what can be a difficult time.
There are some other practical steps the Executors/PRs should take if the property is empty. We’d suggest contacting the utility companies to advise them of the death. If the deceased was paying their bills by direct debit those payments will stop once the bank account is frozen. You should ensure that the bills are redirected to the Executors so that they can be dealt with correctly.
They should also contact the local Council if the property is empty as there may be a grace period for Council Tax and there might even be some money due back to the estate.
If you are acting as an Executor or PR and would like to talk to us about dealing with a property you can give us a call on 019455 898090, or email Cath Collins on This email address is being protected from spambots. You need JavaScript enabled to view it. or Kieren Cross on This email address is being protected from spambots. You need JavaScript enabled to view it.
