Probate question
Discussion
My mum died recently and we're in the process of sorting out her modest estate.
She left no will, has no surviving siblings, so my sister and I are the only people who her estate should go to.
The only possible issue is her house, which I own 75% of, my mum owned the other 25%. I have not lived in that house for over 20 years. The probate forms suggest that shared property should go to the surviving party, which would be me, but the forms also talk about joint tenancy, however I was not a joint tenant, only a joint owner.
In such a situation do we need to go down the probate route, or can we just go ahead & dispose of everything?
Thanks in advance.
Ian.
She left no will, has no surviving siblings, so my sister and I are the only people who her estate should go to.
The only possible issue is her house, which I own 75% of, my mum owned the other 25%. I have not lived in that house for over 20 years. The probate forms suggest that shared property should go to the surviving party, which would be me, but the forms also talk about joint tenancy, however I was not a joint tenant, only a joint owner.
In such a situation do we need to go down the probate route, or can we just go ahead & dispose of everything?
Thanks in advance.
Ian.
You probably were a joint tenant. The word tenant in this context does not mean someone who is renting the property. Property that is owned by two or more people is owned on the basis of joint tenancy or tenancy in common. These are rather old fashioned legal terms derived from Norman French and the feudal system of land ownership. A tenancy is literally a holding of property (see the French verb tenir). A freehold is a type of tenancy. This is all based on the legal fiction that the Crown owns all land and that others hold it from the Crown.
As for Probate, I pass on that question, as that is outwith my area of knowledge, but there are some people here who know the area.
As for Probate, I pass on that question, as that is outwith my area of knowledge, but there are some people here who know the area.
If there is property involved, then you and your sister must apply for 'letters of administration' from your local probate court. It is a relatively simple process and not expensive, especially where the circumstances and beneficiaries are clear-cut. The procedure is not onerous on small estates, but the rules still needs to be carefully followed.
If it wasn't for the property, you may have not needed to, depending of the Estate asset value if it was small.
If you PM me, I will send you the forms you need.
If it wasn't for the property, you may have not needed to, depending of the Estate asset value if it was small.
If you PM me, I will send you the forms you need.
Edited by 3Dee on Monday 24th March 09:11
Breadvan72 said:
Well spotted, matchmaker! If the house is in Scotland, land law is different there, and inheritance law may be different too, and you will need to wait for a Scots lawyer to answer, OP.
BTW, I omitted to say that I am sorry for your loss.
Thank you, that's appreciated.BTW, I omitted to say that I am sorry for your loss.
The house is in England, so the original advice is good.
Just battling with the HMRC forms now.
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