The thought of contacting a solicitor may seem daunting. If someone passes away owning a property, the process to transfer ownership will differ depending on whether the property is owned just in their name or jointly.
After the death of a loved one, the legal processes that follow are often unknown.
Our team are experienced in dealing with different forms of property ownership
When you own a property with one or more people, you can either choose to be on the title as joint tenants or tenants in common. Where you own the property as joint tenants and one owner passes away, ownership of the property will pass to the survivor/s by way of survivorship. This process is known as a transmission by survivorship.
The transmission of ownership documents are prepared by a solicitor. One of our team can prepare these forms, meet with you for signing and complete registration. You will need to provide the death certificate and ID and address documents.
Once the documents have all been completed, we will register the transmission and the property will be transferred into the name of the survivor/s.
How do I know if I own the property as a joint tenants or tenants in common?
This will be shown on the record of title for your property. If you do not have a copy of the title or are unsure of how you own your property, give us a call today and we can check this for you.
If you own your property as tenants in common, you own a share in the property and your share will be distributed according to your Will. This means the property will not pass to the survivor upon death. Probate will need to be applied for before the property can be transferred to the Executors of the estate.
Why transfer ownership?
You may be wondering why the deceased’s name would need to be taken off of the title. The rates account and rates invoices will continue to be in the deceased’s name as the Council records will not have been updated noting the death of a property owner. Registration of a transmission cannot be avoided as the title to the property cannot be changed until such time as a transmission is registered. If the survivor passes away without registering a transmission then it will be actioned by the Executors of their estate.