My mother has passed away but I'm not sure if I need to apply for probate for the house and probate

Canonfodder

Hi.
My mother who has just passed away owned half of the house and my brother and I owned the other two quarters.
Now that she has passed does the property automatically become ours which means we don't have to apply for probate?
Thanks

getmore4less

The house will not require you to apply for probate.
(joint and tenants in common makes no difference.)

Depend on how you owned the property and any will/intestate rules  who now has the beneficial interest in her share.

Canonfodder

Half of the house was left in trust to myself and my brother by my father who passed away in 2005.
My mother has stated in her will that myself and my Brother are to own equal halves of the house

Canonfodder

The land registry states that my late mother, myself and my brother own the property.
I'm executor.

Canonfodder

Do I just apply to land registry to have her name removed for the property?

xylophone

You can apply to have your mother's name removed.
Do you and your brother own the property as TiC or as joint tenants?
Is there a Form A restriction?

getmore4less

Looks like there was probably a life interest trust.
They would have been legal owners as trustees, 
They will remain as trustees for themselves as they now have the beneficial interest in the full property.

There may still need to be a IHT return depending on the value of the estate as with a life interest the full value of the property is counted for IHT.

Canonfodder

We are tenants in common I believe.
I don't know what a Form A restriction is?

Canonfodder

Sorry to ask as I don't fully understand but would I still need to apply for probate please?

jonesMUFCforever

....Before answering your question can I ask a new (unrelated) question here?
How much did she have in savings in banks and Building societies?
Anything over £50k in any one bank and you will have to apply for Probate - but please note if she had more than £5000 in any NS&I product such as Income Bonds,Premium bonds etc you will have to apply for Probate.
So you may have to apply whether it affects the house ownership or not.
Good luck.

Canonfodder

jonesMUFCforever said:

....Before answering your question can I ask a new (unrelated) question here?
How much did she have in savings in banks and Building societies?
Anything over £50k in any one bank and you will have to apply for Probate - but please note if she had more than £5000 in any NS&I product such as Income Bonds,Premium bonds etc you will have to apply for Probate.
So you may have to apply whether it affects the house ownership or not.
Good luck.

She had nothing else apart from the property.