Timeline for actions to take after house leaves probate.

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qwerty5

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We have a property left to myself and 3 siblings last year. It's gone through the probate process and now we have to move the house along (either put it into somebodys name or sell it). My sister has been living in the house and this was fine. Now that probate is finishing she's delaying making any decisions or taking any actions. Buying it herself isn't an option for her.

My question is what are the legal requirements for our next actions to move the house along. The house split amongst 4 is less than the tax free threshold so we don't need to pay Revenue, but do we have time limits to report to revenue the inheritance or are there any other deadlines. How long can a house be out of probate and not in anybodys name? Is there a requirement to have it in a name or sold. That doesn't seem correct to me but I can't find anything that says exactly when certain actions have to be taken by. Not usually a problem I suppose if all the beneficiaries are on the same page.

I was thinking we'd need to inform Revenue by the Oct filing date but the executer said this isn't the case. So wanted to check here if anybody can point me in the right direction. I don't want to get in trouble with Revenue or anybody else just because one of our party is slow.
 
1: I'm a beneficiary. So the executor is dealing with the solicitor.
2: No the will doesn't give any instructions for the property. Just that the estate is split equally between all kids.
 
"My question is what are the legal requirements"

You need a solicitor if you wish to have this question asked authoritatively.
 
Well thanks for that. No point using a forum so.
I thought Revenue would have requirements that somebody would know about and could point to. I wasn't planning on using this forum as the legal representative. If I don't know what questions to ask, asking a solicitor does not sound like the first person to ask. Thanks for the help.
 
No, as a beneficiary you do not need a solicitor.

The property is now registered in the name of the representative of the decedent i.e. the executor.

In normal circumstances, the beneficiaries do not need legal representation unless they wish to take legal action against the executor.

Before getting into discussions about who might or might not need extra legal advice and spending money needlessly, sit down as a group and discuss what course of action suits each of you best. It sounds like selling the property might not work as it will render your sister homeless although with some cash for her to go to market to buy or to rent.

Have the executor take the decisions from that sit down with his solicitor and seek advice and/or issue instructions for a course of action to follow.
 
I should mention that the executor can take whatever course of action they decide without consultation, but consultation and agreement help prevent ill feelings or subsequent disputes or resentments.
 
The solicitor usually sends all beneficiaries a form requesting pps numbers. I presume they supply this to Revenue..
 
Thanks for that mathepac. Yes we've discussed it and are all on the same page. Just my sister is in no rush and is a procrastinator. She knows she has to move (and has known this for over a year) but she hasn't even begun looking around. Plus to get the house in order to be sold a fair bit of cleaning up and repairing needs to be done. If I had dates where stuff needed to be done legally it removes the room for excuses and dragging of feet.
We weren't too bothered before as we couldn't do much before probate finished anyway.
We're not kicking her out. The sale of the house will contribute hugely to a place of her own. And if she was stuck for any remainder (she shouldn't be) we'll be in a position to help her out. But she's comfortable where she is.
 
The executor will be finished their work when all the assets are passed to the beneficiaries. So unless they hear otherwise they will put the house in the 4 of your names. This is a waste of time and money if you are then going to sell the house, why have two conveyances when you only need 1, from your parent to the new owner.

Your best plan of action have a family meeting
Give yourselves a deadline to have the house ready for sale.
If there are costs involved in this you need to decide who pays.
Once the house is ready for sale your sister should have moved out, the house cleared and the estate agent ready to go.
Don’t forget all the paperwork that will need to be provided for conveyancing, LPT, deeds, etc. So engaging with a solicitor now should start that ball rolling. It could be straightforward or complicated.
 
Now that probate has been issued, the executor has a legal obligation to discharge the will in accordance with its provisions.

The house may form only part of the estate and there may be bank accounts etc that the executor will have to access and close down.

As part of his/her duties, the executor has an obligation to dispose of the house, effectively generating an amount that is added to the value of the overall estate. This then has to distributed in accordance with the will’s provisions.

As @Clamball has said, the easiest option is to simply register it in your four names but this doesn’t really help much in the long run.

There’s no set period within which a will needs to be administered after probate but anything beyond a year would be unusual. Where an executor is dragging their heels, it’s usually the beneficiaries who insist on progress being made.

The bottom line is that it’s not really up to your sister to get her act together. The executor has responsibilities to all beneficiaries and can insist that she make the house available to sell.

Other than for LPT reasons, I don’t think Revenue care in whose name the house is as long as long as all due taxes have been paid.
 
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