Question about gov.uk online probate service

AnotherCanOfWorms

My Mum died April 2020 interstate.

My Dad did not apply for probabte as he said he didn't need to

He passed away December 2024 interstate.

I have letters of administration for my father.

I now need to apply for probate for my mother inorder to sell the family home and access a unit trust in my mthers name.

There is no IHT to pay.

Using the online Probate form it asks the following question: -

Why isn’t xyz's spouse applying?

Only 2 answers: -

1. They don’t want to apply and they give up the right to apply in the future (this is known as ‘renunciation’)

2. Other ( selecting this means you have to use the paper form)

As my father is dead would it be fair to answer 1 to this question?

As he can't apply and has certainly given up the right to apply in the future.

Or is that just me being a smart !!!!!!?

Keep_pedalling

You will have to submit a paper application, a dead person or someone who has lost there mental ability to act can’t renounce. 

You do not need letters of administration for your mother’s estate to sell the house unless your mother was the sole owner at the time of her death. 

madbadrob

Keep_pedalling said:

You will have to submit a paper application, a dead person or someone who has lost there mental ability to act can’t renounce. 

You do not need letters of administration for your mother’s estate to sell the house unless your mother was the sole owner at the time of her death. 

It seems the OP is possibly confusing the house and the trust.  The trust wherever that came from would (you can correct me if I am wrong) would require letters of Admon to liquidate these.

As an afterthought if the house had been held as TIC and no change to the deeds was made after dad automatically received mums half share is it likely that the letters would be needed to cover that half of the property as neither are here now to change the deeds?   Or would that not matter

Rob

AnotherCanOfWorms

Thanks for your help guys.

I now know that for the house I do not need Letters of Administration for my mum but for the Unit Trust I do.

Guess I'll be sending off a P1A1 and a IHT205 with about five(ish) figures on both and a 300quid cheque to sort out one account...

AnotherCanOfWorms

madbadrob said:

Keep_pedalling said:

You will have to submit a paper application, a dead person or someone who has lost there mental ability to act can’t renounce. 

You do not need letters of administration for your mother’s estate to sell the house unless your mother was the sole owner at the time of her death. 

It seems the OP is possibly confusing the house and the trust.  The trust wherever that came from would (you can correct me if I am wrong) would require letters of Admon to liquidate these.

As an afterthought if the house had been held as TIC and no change to the deeds was made after dad automatically received mums half share is it likely that the letters would be needed to cover that half of the property as neither are here now to change the deeds?   Or would that not matter

Rob

Fortunately it was  joint tenancy which I now understand is automatic -  you just need notify the Land Registry whilst the remaining spouse is still alive.... Obviously this did not happen.

Having spoken to an estate agent they said that it is quite common for houses to come to the market in this state and that it can be dealt with by my solicitor at the time of sale.

Thanks