When probate has been finalised

faolteam

When probate has been finalised and waiting for new namsvto be put on the deeds, whose name is actually on the deeds while waiting , The original owner ?

Candlel

yes

beachhead

Always

faolteam

it’s amazing I was told by an insurance company that because probate was fnished that they couldn’t insure the house as nobody’s names were on the deeds

Peregrinus

https://www.boards.ie/discussion/comment/122599237#Comment_122599237

Well, there is a name on the title, but it's the name of a person who no longer exists. In that sense there isn't the name of an actual person on the title.

But of course the executor/administrator has an insurable interest in the house. There are no legal considerations which prevent the insurers from insuring this house; they just don't want to insure it. God know why.

And if the assignment of the house to the beneficiaries entitled to it hasn't been completed yet then the adminstration of the estate isn't finished.

Peregrinus

[Posted in error.]

con747

https://www.boards.ie/discussion/comment/122599470#Comment_122599470

I think you posted in the wrong thread @Peregrinus

Peregrinus

https://www.boards.ie/discussion/comment/122599474#Comment_122599474

Well spotted. I'll delete and repost to the correct thread.

coylemj

https://www.boards.ie/discussion/2058368268/when-probate-has-been-finalised

There is no pressing reason to have the property registered in the name of the beneficiary straight away. If the executor has received the Grant of Probate then he/she needs to inform the person who inherited the property that they are now the effective (if unregistered) owner of the property. And they most certainly now have an insurable interest in the property and need to insure it.

I did executor and personal probate for a will a few years ago. My sister inherited a property but never put it in her name. She rented it out for a few years and then sold it. As part of the sales process, her solicitor asked for a certified copy of the will. Which I sourced from the Probate Office for her and the sale proceeded without a hitch.

It's unclear as to why the insurance company won't insure it. It can't be for the reason stated because even if the registered owner has passed away, while probate is in the works, the executor of the will is the owner and then the ultimate beneficary. At the appropriate times, either of them should be able to insure it.

But if an executor told me that I had inherited a property, I would take out a policy on it there and then and not wait for probate to be completed.

Claw Hammer

https://www.boards.ie/discussion/2058368268/when-probate-has-been-finalised

What do you mean probate is finished? Is it a will or intestacy? Has a grant issued?
The grant itself becomes part of the title documents as soon as it issues.

Eggs For Dinner

Is the house unoccupied? That would be a concern for insurers.

faolteam

https://www.boards.ie/discussion/comment/122607443#Comment_122607443

As I said no