Tenants in common and probate...help, please!

Egirl

Hi
Eleven weeks ago my father passed away very suddenly. He and my stepmother were tenants in common which I have today discovered. I understand that this means they each held a 50% share in their house. She didn't apply for probate as his will left her executor and trustee. However, two weeks ago my stepmother, very suddenly, also passed away. Their wills were mirrored and both said that should either of them not be alive my son and I become executors and trustees. So, my question is do I need to do probate twice? And if so, is there an order to who I apply for first?
TIA

Yorkshireman99

S

Egirl wrote: »

Hi
Eleven weeks ago my father passed away very suddenly. He and my stepmother were tenants in common which I have today discovered. I understand that this means they each held a 50% share in their house. She didn't apply for probate as his will left her executor and trustee. However, two weeks ago my stepmother, very suddenly, also passed away. Their wills were mirrored and both said that should either of them not be alive my son and I become executors and trustees. So, my question is do I need to do probate twice? And if so, is there an order to who I apply for first?
TIA

It depends on the exact wording of the wills. It also depends what other value there is in the estates.

Keep_pedalling

As both estates involve property then yes you need to apply for probate for both estates. It would make sense to start with your fathers estate, as anything he left to his wife will effect the value of hers, and if the estate is big enough the transferable nil rate band may effect any IHT due.

getmore4less

Keep_pedalling wrote: »

As both estates involve property then yes you need to apply for probate for both estates. It would make sense to start with your fathers estate, as anything he left to his wife will effect the value of hers, and if the estate is big enough the transferable nil rate band may effect any IHT due.

Property would not require probate of the first estate.

Other assets might.

You only need a grant of the last surviving owner to deal with the property.

Does not matter if joint or TIC.

Egirl

Thank you
So it seems I just apply for probate for my stepmother then. It's so discouraging when I have the will company telling me my father's probate will be nearly £1000 and stepmother's 1.5% of estate. And that it gets complicated if I was to to the fit probate. The valuation will be well below IHT so it shouldn't be that complicated should it? Actually, I've just read above that I do need two lots of probate...arrrgghh!

Yorkshireman99

Egirl wrote: »

Thank you
So it seems I just apply for probate for my stepmother then. It's so discouraging when I have the will company telling me my father's probate will be nearly £1000 and stepmother's 1.5% of estate. And that it gets complicated if I was to to the fit probate. The valuation will be well below IHT so it shouldn't be that complicated should it? Actually, I've just read above that I do need two lots of probate...arrrgghh!

Will writing companies are parasites on the bereaved. You cpuld use a solicitor but really you just need them to do the conveyancing at normal rates. Plenty of willing help here on the basics if needed. Dpn’t Hesitate to ask.

Tom99

What was the value of your father's estate and who were the beneficiaries in his will and how much did each inherit?
What was the value of your stepmother's estate and who were the beneficiaries in her will and how much did each inherit?

getmore4less

post more details from the will(s)

Then an idea of the assets
In particular a list of thing owned by your father, there may be some that need a grant.

It is not that expensive to get a grant and as you will need to do most of the work anyway to create the inventory and account for both estates it might be worth the little extra effort to get the grant for your father as that makes calling in assets easier.

There is no rush to decide, first step will be making a list off assets once you have those you can work out what you need to do.

nom_de_plume

getmore4less wrote: »

Property would not require probate of the first estate.

Keep_pedalling wrote: »

As both estates involve property then yes you need to apply for probate for both estates.

Egirl wrote: »

He and my stepmother were tenants in common which I have today discovered. I understand that this means they each held a 50% share in their house.

I'm also of the opinion that Probate would be required for both estates.

Yorkshireman99

Egirl wrote: »

Thank you
So it seems I just apply for probate for my stepmother then. It's so discouraging when I have the will company telling me my father's probate will be nearly £1000 and stepmother's 1.5% of estate. And that it gets complicated if I was to to the fit probate. The valuation will be well below IHT so it shouldn't be that complicated should it? Actually, I've just read above that I do need two lots of probate...arrrgghh!

Under no citcumstances use the will company! But you should be able to DIY probate yourself except use a solicitor to do the conveyancing.

getmore4less

nom_de_plume wrote: »

I'm also of the opinion that Probate would be required for both estates.

Not for processing the house.

Land registry can process the legal title of property with just the grant for the last surviving owner and only death certificates are needed for the others.

Loads of threads here and across the property boards that cover this

here is one
https://forums.moneysavingexpert.com/discussion/5803346land

edit: and another one
https://forums.moneysavingexpert.com/discussion/comment/74345153#Comment_74345153