Probate and selling a property that is Tenancy in Common
My Dad died intestate last month. As his only son, I have recently completed an online Probate application, to become Administrator, due there being no Will (which I have confirmed by completing a formal search through Certainty Wills).
I have confirmed that no application for Probate (by my Dad) was made when my step mum died in January 2019. She also died intestate, although a formal will search has not yet been completed. My Dad simply continued living in the property until he died.
The Title Register confirms my Dad and Step mum’s property was bought as Tenancy In Common. For this reason, my Dad’s estate is 50% of the property; I have reflected that in the figures quoted when applying for Probate. The total property value is below the IHT threshold.
Is a separate probate application for Administrator required to manage my step mum’s estate (i.e. the other 50% of the property) before the house can be sold? As I understand, this application would need to be made by a close relative. My step mum has a surviving son; her daughter died last year but she had 2 children (now in their 30’s).
After this is all completed, I believe that, following the rules of Intestacy, the combined Estate will be divided as follows - me (50%), my stepbrother (25%), my step mum’s grandchildren (12.5% each).
Thank you very much for any advice.