Probate - Do I need it?

theshoefairy

I am just getting around to this as I have buried my head in the sand.4

My Mother passed away in 2013. I am her only daughter. I stayed in the house she left me. No mortgage as she paid it off years ago.

Do I actually need to apply for probate in this situation?

Linton

I assume you didnt own any of the house. Probate is required if the ownership of property is to be transferred. How much is the house worth - what about inheritance tax?

Yorkshireman99

theshoefairy wrote: »

I am just getting around to this as I have buried my head in the sand.4

My Mother passed away in 2013. I am her only daughter. I stayed in the house she left me. No mortgage as she paid it off years ago.

Do I actually need to apply for probate in this situation?

Assuming there was no will then the intestacy rules apply. How much was the house worth at the date of death? What other assets did your late mother have? You will need to apply for letters of administartion if there was no will.

Savvy_Sue

And what about your father? Is he still alive? If he is, was he married to your mother when she died? If not, were they married when he died? It affects what to do if there was no will.

theshoefairy

The assets are well under the amount for inheritance tax. She divorced my father in 96. She had a partner but he moved out not long after she died. There is a will but I am not sure if it applies. She made it with the bank but there is no signature on it?

Savvy_Sue

theshoefairy wrote: »

There is a will but I am not sure if it applies. She made it with the bank but there is no signature on it?

Is it possible the bank have the original and this is just a copy? Does the will say anything very different from the rules of intestacy?

theshoefairy

The will states that everything will be left to me. I have just filled out the probate form and I am unsure whether to say there was a will or not.

Do I need the probate to ensure that the house is mine? At the moment it feels like it doesn't belong to anyone and is just floating around.

Torry_Quine

If there isn't a will then you don't apply for probate.

theshoefairy

What would happen instead? Eventually I would like the house in my name for security reasons.

Keep_pedalling

theshoefairy wrote: »

What would happen instead? Eventually I would like the house in my name for security reasons.

Assuming you live in England or Wales you apply for a grant of representation, which is a similar process, using the same forms.

https://www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representation

Torry_Quine

theshoefairy wrote: »

What would happen instead? Eventually I would like the house in my name for security reasons.

I did reply but it's disappeared. As said you need to apply for letters of administration.