Can I live in the house while probate is being sorted

Rose_amber

My mother has recently passed away having not left a will. Whilst probate is being obtained etc can I live in the house that I believe myself and my siblings would be beneficiaries of once it is sold. My concern is that the house would depreciate if left empty. I've been informed that probate may take over 12 months.

PasturesNew

Yes you can. Obviously it depends if a sibling has a problem with that/you etc as to whether it'll work out, but you can live in it so long as everybody's happy about it.

g6jns_2

Rose_amber wrote: »

My mother has recently passed away having not left a will. Whilst probate is being obtained etc can I live in the house that I believe myself and my siblings would be beneficiaries of once it is sold. My concern is that the house would depreciate if left empty. I've been informed that probate may take over 12 months.

Probate should not normally take that long. If you apply for letters of administration as you are a beneficiary it would be sensible to occupy it. Agree it with your siblings first. Make sure that it is insured ASAP as any policy may already have lapsed.

sonny252

Sorry for your loss. Yes you can. My father passed away in Sept last year, probate is still being sorted so me and my partner are currently living in the house (as I am sole beneficiary I think)..

I was informed that probate will take around 12 months too, but I think that's mainly down to my dads accounts being in a bit of a mess.

Good luck, I hope it's sorted easily for you.

TonyMMM

Rose_amber wrote: »

I've been informed that probate may take over 12 months.

Presumably by a solicitor who is going to charge you/the estate a large amount of money for taking that long ?

Do it yourself and save time and money ( it's not difficult to do ...).

getmore4less

A lot of professional executors prefer to err on the safe side and 1 year is the max they can realistically get away with so that is what they will say even though most estates take a lot less.

Only around 50% even go to formal administration(probate/LOA).

lisa110rry

See the DIY Probate thread Rose amber, you can do it.

Rose_amber

My Mom never left a will or her husband my step father. He died in 2000. I've found the deeds which only show his name. I know my mother didn't inform probate. Should she have done? Does this affect anything. I believe the house to be valued at approx £140,000 Mom has an ISA amount of £19,000 and personal stuff amounting to about £2,000 if that. I've got the forms to hand to do DIY.

SeniorSam

The property would have pased to your mother after your father's death and even if the name has not been changed in the Land Registry, it can be by showing your Father's Will.

There will be no inheritance tax as your father and mother would have an allowance of £325000 each.

The revenue can be very helpful if you want to call them on the phone and it's not too complicated to do it all yourselves.

Sam

Rose_amber

My step father didn't have a will either does that matter.

g6jns_2

Rose_amber wrote: »

My step father didn't have a will either does that matter.

Are they actual deeds or a Land Registry extract? In any case you will need to convince the LR to transfer ownership. This might involve getting letters of administration for your stepfather's estate. Not too difficult but time consuming and inconvenient as well as the costs.