Does She Need To Go Through Probate

[sammmo]

My sisters husband passed away around a month ago. She wants to sell her small house which was In joint names. They also had a mirror will. Will she need to go through probate? They had much less than £325000

[Misky]

If the house is in joint names and held in such a way that it will pass to her automatically, or if it was left to her in the Will, AND he had no sole name savings where the bank will ask for a Grant of Probate, then she probably doesn't need it. Whoever she contacts to do anything will tell her if she needs a Grant - e.g. the Solicitors in her sale, the bank when she goes to change his accounts, or any share registrars, etc.....

[Peter Pedant]

yes - if she wants to sell.

start here https://www.gov.uk/wills-probate-inheritance/overview
you can do this yourself

there are small estate rules but that covers estates smaller than £10k
weeny.

There is lots on probate in these threads - ewsp from Buenochico who idid it for a living and it is not a big deal

[Misky]

BUT if your sister wants to sell the house and it has passed automatically to her because it was held as joint tenants, all she needs is his Death Certificate to show that it has passed to her. And P-P's right, obtaining Probate is not as complicated as the tele sometimes makes out...

[woofgang]

every estate resulting from a death, as I understand it needs to go through some form of formal process.

[Peter Pedant]

well here

http://www.probateforms.info/jointly-owned-property-and-inheritance-tax/

it just says go and do it - but I still have my doubts.

[Misky]

It's true, so long as it's held as joint tenants she'll be okay. As I said, any solicitor acting in the sale would look at the property title and know straight away if Probate was needed or not. Or if she sells without a Solicitor, the Solicitor acting for the buyer would know.

[sammmo]

Thanks for the info.

[woofgang]

I thought that every estate needed to pass through some form of legal process to ensure that any outstanding debts to the government get paid, like overpaid benefit or pension, or tax? When my grandmother in law died, the estate was owed pension that she had not drawn.

[ubasses]

No probate is needed if everything is in joint names or the estate in sole name is small, but there is an obligation to inform the DWP and each department has to be advised separately for pensions and benefits, occupational or private pension providers also need advising along with all financial institutions involved. When I sorted out my Stepfathers affairs for my Mum she subsequently received a letter from the Tax office saying they had closed his file without me contacting them.