# Left house in will Probate what is required



## brandy (11 Feb 2004)

Hello,

My sister will be left the family home from my surviving parent.  What has to be done if she wishes to sell the home and what costs would be involved. The house will be left via a will which will not be contested.  Is the executor/estate  responsible for any of the stamp duty and any name changes or is this the responsibility of the recipient.

Thanking you.


----------



## Vanilla (13 Feb 2004)

It depends on the wording of the will to see who is responsible for payment of the legal costs to take out a grant of probate. However even if your sister is not liable for that cost it is likely she will be asked to pay a relatively small fee to have the property put in her name and the land registry or registry of deeds fees. There is no stamp duty on an inheritance of property, but depending on the relationship of the testator and the value of the property there may be CAT involved.


----------



## brandy (14 Feb 2004)

Thank you.

She will be OK on the CAT side so it looks like it will be whatever the cost is to have the house in her name and the land registry fee,


----------



## hoopman (4 Nov 2009)

Hi been doing a bit of research and this thread mirrored my own situation a bit.
My sister has been left the family home and all assessts (couple of small bank accounts and life insurance policy) in my late fathers will. She was also named as the executor.
Everthing seems straight forward to execute his will, She has asked me to help her.
Is it just a case of going to the probate office and gatting probate and then going to the banks and changing names on the accounts to my sisters and sending off the insurance policy. 
Also for transferring the house into her name. do we just go to the council who held on to the deeds for my father a few years ago when he completed paying for the house or do we have to employ a solicitor and if so is there a set fee from a solicitor for that or do they charge a % fee.
Any advice greatly appreciated


----------



## ElectronEng (18 Nov 2009)

hoopman said:


> Hi been doing a bit of research and this thread mirrored my own situation a bit.
> My sister has been left the family home and all assessts (couple of small bank accounts and life insurance policy) in my late fathers will. She was also named as the executor.
> Everthing seems straight forward to execute his will, She has asked me to help her.
> Is it just a case of going to the probate office and gatting probate and then going to the banks and changing names on the accounts to my sisters and sending off the insurance policy.
> ...



I'm currently acting as the executor for my late mother's estate. 

If you wish to employ a solicitor then shop around. In my own case I've chosen to appoint a solicitor to obtain probate and also to perform conveyancing on the sale of the house (main asset). The solicitor is charging me a fixed fee for both the probate and conveyancing (assuming that there is no unexpected complexity in either).


----------

