Help regarding probate forms etc

jules2023

Hi wonder if someone can confirm what forms I will need to complete regarding probate etc as the gov website is like a minefield.
My mother passed away in December 2007 there was no will and everything passed to my Father who has recently passed away.
My Father left a will and we have a property to sell which has been passed to both me and my brother in which we will be selling.
Not sure of the value of the property and other items ( money etc) but it may come in under the £650 mark or may go above that as I do not have the figures at the moment.
plus also I believe we can use the RNLB.
I keep seeing all these different forms on the website and was wondering if someone could help, as am I right in thinking that if I need to complete forms IHT435 and others that I have to wait 20 working day before I can apply for probate?
Thanks in advance for any help.

poppystar

If the total is under £650k then you will only heed to complete the probate application.

If the total is over the £650k then you will need to apply for one, or possibly both, residential NRBs. This means you will have to do a full IHT return - IHT400 plus all relevant additional schedules of which the IHT435 is just one. And yes, this would meaning waiting a while before applying for probate.

jules2023

Thanks for replying poppystar, I will get all the figures and go from there. 

poppystar

jules2023 said:

Thanks for replying poppystar, I will get all the figures and go from there. 

Good idea. If it is close to the £650k it is probably best to get a paid for RCIS valuation on the property rather than use the estate agents valuations. 

p00hsticks

Not sure if it's necessary, but the first steps may be to determine who owned the house (mother and father ? as joint tenants or tenants in common ?) and whether probate / letters of administration was obtained for your mother on her death. 

jules2023

p00hsticks said:

Not sure if it's necessary, but the first steps may be to determine who owned the house (mother and father ? as joint tenants or tenants in common ?) and whether probate / letters of administration was obtained for your mother on her death. 

The property was originally in both Mother and Fathers name I gather this would be as joint tenants however will need to check the paperwork. No probate or anything was done after my Mother died it all passed to my Father, my Mother never had a will. 

Keep_pedalling

jules2023 said:

p00hsticks said:

Not sure if it's necessary, but the first steps may be to determine who owned the house (mother and father ? as joint tenants or tenants in common ?) and whether probate / letters of administration was obtained for your mother on her death. 

The property was originally in both Mother and Fathers name I gather this would be as joint tenants however will need to check the paperwork. No probate or anything was done after my Mother died it all passed to my Father, my Mother never had a will. 

Not everything automatically passes to a spouse for intestate estates. Back in 2007 that would only be the case if his heritable estate was below £125k. 

RAS

If the property was held as joint tenants then when mum died, dad became sole tenant. Her death did not "pass" the house to dad.

If the property was held as tenants in common, then mum's portion (half?) of the property would be inherited in line with the rules of intestacy at the time.

You need to check the Land Registry to find out if there is a restriction, costs £3 if you don't have a copy of the deeds.

jules2023

Keep_pedalling said:

jules2023 said:

p00hsticks said:

Not sure if it's necessary, but the first steps may be to determine who owned the house (mother and father ? as joint tenants or tenants in common ?) and whether probate / letters of administration was obtained for your mother on her death. 

The property was originally in both Mother and Fathers name I gather this would be as joint tenants however will need to check the paperwork. No probate or anything was done after my Mother died it all passed to my Father, my Mother never had a will. 

Not everything automatically passes to a spouse for intestate estates. Back in 2007 that would only be the case if his heritable estate was below £125k. 

Keep_pedalling said:

jules2023 said:

p00hsticks said:

Not sure if it's necessary, but the first steps may be to determine who owned the house (mother and father ? as joint tenants or tenants in common ?) and whether probate / letters of administration was obtained for your mother on her death. 

The property was originally in both Mother and Fathers name I gather this would be as joint tenants however will need to check the paperwork. No probate or anything was done after my Mother died it all passed to my Father, my Mother never had a will. 

Not everything automatically passes to a spouse for intestate estates. Back in 2007 that would only be the case if his heritable estate was below £125k. 

I thought something changed in October 2007, where my Mothers half  automatically passed to my Father, my Mother died in December 2007 so the total for inheritance changed to £325 x 2.
I may be incorrect.