Son/daughter names were added to house deeds - do we need probate?

bicyclist

SoozyJ22 said:

bicyclist said:

All the above is very interesting (if just a little confusing!), especially as possibly not needing probate. Can someone advise what we need to sort this out? A solicitor, conveyancer (is that a thing?), financial advisor… Thanks. 

I think it would be a conveyancing solicitor. As I said in my later reply to poppystar, that was the only solicitor involvement we've had in the process. So it seems it would be up to them to say whether they'll need probate to release the funds or not. 

Ok, thanks. The estate agents we had quotes from (three of them, as we understood that was needed to apply for probate) all said they could start the selling process while probate was underway. However, they said ultimately contracts couldn’t be exchanged until probate was granted. So from that it seems they all assumed we’d need probate. 

poppystar

bicyclist said:

SoozyJ22 said:

bicyclist said:

All the above is very interesting (if just a little confusing!), especially as possibly not needing probate. Can someone advise what we need to sort this out? A solicitor, conveyancer (is that a thing?), financial advisor… Thanks. 

I think it would be a conveyancing solicitor. As I said in my later reply to poppystar, that was the only solicitor involvement we've had in the process. So it seems it would be up to them to say whether they'll need probate to release the funds or not. 

Ok, thanks. The estate agents we had quotes from (three of them, as we understood that was needed to apply for probate) all said they could start the selling process while probate was underway. However, they said ultimately contracts couldn’t be exchanged until probate was granted. So from that it seems they all assumed we’d need probate. 

It’s only a small percentage of cases that are like yours and ours so most estate agents have probably not come across it before or at least not often. I actually had to speak to a partner in the conveyancing solicitors I used as the general conveyancer had not come across it before in her work either. She was happy to learn something new under the wing of the partner. It might be the estate agents also took their cue from you when you mentioned probate. 

bicyclist

poppystar said:

bicyclist said:

SoozyJ22 said:

bicyclist said:

All the above is very interesting (if just a little confusing!), especially as possibly not needing probate. Can someone advise what we need to sort this out? A solicitor, conveyancer (is that a thing?), financial advisor… Thanks. 

I think it would be a conveyancing solicitor. As I said in my later reply to poppystar, that was the only solicitor involvement we've had in the process. So it seems it would be up to them to say whether they'll need probate to release the funds or not. 

Ok, thanks. The estate agents we had quotes from (three of them, as we understood that was needed to apply for probate) all said they could start the selling process while probate was underway. However, they said ultimately contracts couldn’t be exchanged until probate was granted. So from that it seems they all assumed we’d need probate. 

It’s only a small percentage of cases that are like yours and ours so most estate agents have probably not come across it before or at least not often. I actually had to speak to a partner in the conveyancing solicitors I used as the general conveyancer had not come across it before in her work either. She was happy to learn something new under the wing of the partner. It might be the estate agents also took their cue from you when you mentioned probate. 

Thanks for the info. More research needed! Much appreciated.