Probate Required?

Cosmos12

Hello,

I am just wondering if anyone might be able to give me some advice, or at least point me in the right direction. 

My husband passed away recently and both he and I are named on the deeds for the property I live in. It is part buy/part rent, and we own 25% of it. When I contacted the housing association to inform them of his death, they said they wanted a copy of the death certificate (which I provided), along with a copy of the grant of probate or will.

Unfortunately, there was no will. We owned everything jointly, including bank accounts, etc. They said they would still need a grant of probate. However, I had been (perhaps erroneously) under the impression it would not be required because I am listed as a joint owner (something they confirm).

I have already been in contact with our building society and other agencies to inform them, and this is the first time I've been asked about a probate. Frankly, y heart is breaking and this feels like a lot to cope with right now. Any help would really be appreciated. 

 

Bossyboots

So sorry for your loss.  I would just tell them that you have no reason to apply for probate and that there is no will. 

Savvy_Sue

It may be that they want you to apply for Letters of Administration, which is the same as applying for Probate but it's what you do when there is no will. So there's two possibilities: 

• you've been speaking to someone who doesn't quite know what they're talking about, they've always asked for and received a grant of probate before and they don't know what to do apart from ask for that. 
  
  
• they actually want to see Letters of Administration, which is the equivalent of a grant of probate, and there's something in their procedures which requires seeing one or the other. 

However, if the part of the property which you own has now passed fully into your ownership, I think asking for LofA or a grant of probate is over the top. BUT it does ensure they know that the house is fully yours - if your late husband HAD written a will, in some situations he could presumably have left his share of the house to someone other than you, so they'd now find themselves with a new person in their equations. 

I think what Bossyboots suggests is a good first step. 

Cosmos12

Thank you both. I will get back to them.

getmore4less

There should be no need for a grant to deal with the legal side of the property or the mortgage if there is one.

I suspect that with 25% ownership even if tenants in common the value of 50% of 25% is under the spouse limit of £270k so therei s no additional complication of a beneficial interest going to children.


I cannot think of any reason they need a grant as you are now the sole legal owner of the property and most liklely the sole beneficial owner as well(of that share).

Flugelhorn

as mentioned above the person you spoke to may not have fully understood - TBH it probably doesn't matter if your late husband's name stays on the register as joint owner of a share of the property. If necessary this can be amended when / if you come to sell it  by a solicitor and likely to only need copy of death cert.

Hope everything sorts out for you, can be very tough dealing with all these things

Cosmos12

Thank you all, your help (and thoughts) are much appreciated.