Probate rent - where does it go in the estate?

FreddieMercury

Hi another newbie,

Jumping right in my partner is the executor of a family member’s will and renting during probate has come up as a question. The main confusion is that the will states any money in the accounts the deceased had would go to a particular beneficiary. Would this include rental income during probate? Or would that feed into the estate as a whole or part of the property?

Thanks for any help!

fredsnail

I think the rental income upto the date of death is part of the estate, however rental income after the death would probably go to whoever inherits the house as the asset belongs to them from the date of death.

FreddieMercury

This is what we thought. So hoping this is the case. Thanks.

Yorkshireman99

fredsnail wrote: »

I think the rental income upto the date of death is part of the estate, however rental income after the death would probably go to whoever inherits the house as the asset belongs to them from the date of death.

The rent is normally income of the estate and is subject to income tax. However the wording of the will is crucial. What other beneficiaries are there?

nom_de_plume

fredsnail wrote: »

I think the rental income upto the date of death is part of the estate, however rental income after the death would probably go to whoever inherits the house as the asset belongs to them from the date of death.

As above.


If the property is SPECIFICALLY left to someone then the rental income is theirs from date of death and falls outside the estate. If howerver the Will implies that the property is to be sold and the proceeds shared, the rental income would form a part of the estate.