Probate is the process a person or group of persons go through if they are handling the estate of someone who has died. It gives them the legal right to distribute the estate according to the deceased’s wishes. The loss of a loved one is a very distressing time, and we will do all we can to support you through the steps you need to take to deal with any shared ownership property left in their will.
As a leaseholder, when you die, your lease will become part of your “estate”. This means it will pass on to the Personal Representative(s) you have named in your will. As a homeowner, it is strongly recommended that you have a will. If you have no will, then the courts will administer your estate according to set rules.
The personal representative(s) will need to inform East Thames as soon as possible what they propose to do with the property.
- Selling the property: if the property is a shared ownership property, then the process will be as outlined in the selling your shared ownership property section .
- Transferring the property to a family member: this might happen when a person named in the Will as a beneficiary inherits the property, or on intestacy (when a person dies without leaving a will)
- Buying the remaining shares in the property: if the property is part owned, then the personal representative may buy the remaining shares in the property, as per the procedures outlined in buying more shares in your home section.
- Taking on responsibility for the payment of the rent and service charge.
To do this, we will require the person with the necessary authority to deal with the deceased’s affairs to provide us with:
- Their name and correspondence address.
- A copy of the death certificate.
- Confirmation of the necessary authority: this will usually take the form of a grant of representation, either as a grant of probate or a grant of letters of administration.
Selling or transferring a property after someone has died can be a very slow and frustrating process because of legal issues, but we aim to deal efficiently with this to try to minimise the distress it may cause you.
As part of this process we will inform the personal representative if the deceased owed any money for service charges, or rent.
Please note that the personal representative may incur some legal and administrative expenses if choosing to buy more shares.
For further information contact our Home Ownership Team on:
0300 303 7333 or Home.Enquiries@east-thames.co.uk