do i need to probate?

A question about : do i need to probate?

background timeline:

2003 my step dad and mom bought a house to retire to for Ј162k, though the house is in my dads name.

2005 my mom sold the house they lived in to me for Ј60k.
2006 I sold the house for Ј165k and bought a place near where they retired for Ј145k.
2009 my mom died leaving her estate to my step dad. he did the probate.
2012 my step dad died and left everything to me.

since then ive sold my place for Ј130k and moved into my dads old place, but I haven't told land registry. also I couldn't see the point in probate and spending a packet on solicitors, the banks seem to let you sort out the accounts without it.

now im thinking of selling my dads place. do I need to do probate? will I get into trouble for not doing it sooner? will the hmrc see the transaction in 2005 as a gift?

Best answers:

• Are we supposed to be too daft to recognise the same story as cypher007, but written from the perspective of the 'stepbrother', that he describes in his MANY threads on this EXACT SAME situation.
  Zero out of ten Woodywood.
• That is the least of your worries, you seem to have a large CGT liability to pay from when you sold your Mum's former house.
• even though I lived there?
• You should tell your alter ego cypher007 his Dad "left everything to you" coz he's off chasing his rse trying to find out if you're ripping him off.
  He's just wasting his time, or is he wasting yours, or are you wasting his, or are you wasting your own, or are you wasting each others, or are you just wasting OURS?
  Doncha just LOVE a good fairy story. Jeez you might have shown a bit of imagination & changed some of the dates.
  I can hardly wait for the next installment when you & cypher007 start a dialogue here with each other!
• do I need probate to sell? and because the gap between gifts and inheritance is about 7 years would that come into it if I probate the estate?
• Whose name is on the deeds and on the land registry ? Who is named in step dad's will?
• step dads on the land registry. me named in will.
• You need to apply for probate. You can't sell the house until you own it.
• I'm having difficulty working out which house is which - but it would seem that at least some of the properties were 'sold' by people who didn't own them and therefore had no right to sell them.
  You won't be able to sell a house that is not registered in your name at the Land Registry - at least not to anyone sensible.
  To get a house registered in your name you will need probate if it's registered in the name of a dead person and you have no other evidence that you are entitled to it.
• sorry for the confusion. its just the one house now. I thought as long as probate was done I could sell the property without transferring it?
• Why would you not want to transfer it other than for nefarious reasons?
• found the answer:
  If the property is registered and is to be sold there is probably no need to contact us as Probate enables the personal representative to sell the property.
  so as long as probated I can sell it.
• You seem to know all the answers to the questions you ask. Uncanny is it not?