Query re probate application

Fiddlesticks28

I’m about to apply for probate as my mum just passed away. The house / title is in my late father’s name. He left house to mum. She then left house to me and my sisters. But title/house still in dad’s name. Am I about to encounter a problem before I start. ?

Savvy_Sue

Not before you start ... And unlikely to be too hard to resolve.

Are you planning to sell the house? If so, the change of name can be dealt with at that point.

Did anyone obtain probate for Dad? If not, you may need to do so now, but don't panic.

Keep_pedalling

When did your father die? If it was prior to Jan 2022 and no one applied for probate you are also going to have to do an IHT return.

Fiddlesticks28

https://forums.moneysavingexpert.com/discussion/6653848/query-re-probate-application

Fiddlesticks28

Our family home was and still is in dad’s name . My father died 2001 and left house to his wife - my mam in his will. No probate needed - it simply passed to her - Mum recently passed and left the house to her daughters (myself included). Now I am applying for probate and find the house is in dads name still on deeds and land registry- should it all go through ok ?

Savvy_Sue

https://forums.moneysavingexpert.com/discussion/comment/81870886#Comment_81870886

Yes, it should all go through OK, please do not panic.

So, no-one applied for probate for your Dad. It wasn't necessary as the house wasn't changing hands.

Start by telling us:

A guesstimate of the value of the house in 2001 (I believe there are tools you can use, maybe Zoopla?)

An estimate of the rest of your dad's estate (what he had in the bank, anything else worth anything?)

An estimate of the value of the house today (online, Zoopla etc will be fine for now)

An estimate of the rest of your mum's estate (savings / investments / bank accounts / premium bonds)

House contents are generally negligible in value, unless anyone has a valuable collection of stamps / fine china / artwork - tell us if that applies. I was asked if parents had any planes, yachts or valuable cars - they did not.

Anything else that's worrying you - we can either reassure you or tell you to get advice on that particular issue.

Presumably you are now planning to sell the house (or this wouldn't be an immediate issue), but the house can be sold from 'the estate' without changing names first (and there are many benefits for doing it that way rather than putting into your / your sisters' names first).

https://forums.moneysavingexpert.com/discussion/comment/81870850#Comment_81870850

Again, do not panic. I do not think any IHT will be due if Dad's will left everything to Mum (Keep_pedalling or one of the other clever ones will be along to confirm if I'm wrong about that), it's the kind of thing you sort out with a cup of strong coffee and maybe a wet towel around your head. It's very common for this to happen on the first death, and not uncommon for it to have to be sorted on the second death!

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/81870886#Comment_81870886

As it was in the sole name of your father it could not simply pass to your mother, probate would have been required to transfer it to his widow. You will now have to apply for probate for your father as well and because he died so long ago you will also need to do an IHT return using IHT 205.

Land_Registry

The legal ownership does not automatically transfer with inheritance if the deceased was the sole legal owner.

As your late Father was the sole legal owner, quite common for social/economic reasons pre-80s and always possible anyway, the legal ownership formed part of his estate. And to deal with his estate probate would have been needed.

Many properties 'remain in the family', through inheritance, but to actually change the legal ownership probate is required and then a transfer of ownership by the named executor(s) to the new legal owner(s) as appropriate.

If probate was not obtained for your late Father you will need to apply now. You won't need probate for your late Mother as far as the property is concerned

If probate was obtained, and your late Mother was named as his executor, then you will need probate for her to create what is known as a 'chain of representation'

Fiddlesticks28

The property now is valued at £285k. So even less in 2001. Dad didn’t have much to speak of in the bank when he died 2001 - he was on benefits so I’m taking maybe £3k if that. I know mam needed assistance to pay for his funeral. Dad only asset was his car but that was a run down banger. There are no assets in the house. Nothing worth anything - then and now. Mums calculations for IHT is also below the threshold (£301k).

Where do I start