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Probate needed?

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  • Mickey666
    Mickey666 Posts: 2,834 Forumite
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    If a house is owned by a couple as joint tenants, I understand that the entire house immediately becomes the property of the sole survivor on first death.  Does that mean that its value does not get counted in the deceased's estate?  ie when, exactly, does ownership pass to the surviving spouse?
  • Savvy_Sue
    Savvy_Sue Posts: 47,796 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    CONNIEROX said:
    my Father died leaving the family house in trust for me and my two brothers  he also left a  but at the time my mother was still alive, she also left the house in trust to us and both left wills their joint bank had £18k init do we still need to do probate and if so can we do it ourselves  
    You will need probate when you come to sell the house.
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  • Savvy_Sue
    Savvy_Sue Posts: 47,796 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Mickey666 said:
    If a house is owned by a couple as joint tenants, I understand that the entire house immediately becomes the property of the sole survivor on first death.  Does that mean that its value does not get counted in the deceased's estate?  ie when, exactly, does ownership pass to the surviving spouse?
    Ownership passes immediately, but the value of the deceased's share (usually but not always half the value at the time of death) has to be declared.
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  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Taxable estate and distributable estate are not the same.

    Joint assets and certain asset held in trusts can be included in the taxable estate. 
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