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Is probate necessary.
When my husband died he left a will leaving everything to me. I was told that as this was the case I did not have to have Probate. However, since then this has been worrying me as I don't want to leave a mess for my children to sort out if anything happens to me. Also the deeds to my house are still in joint names. Can anyone give me some advice in this matter. I would appreciate some help. Thank you.
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(2-part post):
Just for a moment, forget about the will. If the deeds to your house show that you owned it as 'joint tenants' then it was your legal partnership that owned the property. Upon your husband's death you, as the surviving partner, automatically became the sole owner of the property. (If your husband's will had stated that his share of the house should go to Battersea Dogs' Home, that part of his will would have been invalid because neither of you owned a distinct share of the property; it was your partnership which owned all of it)
However if the deeds show that you were 'tenants in common' then you both owned a distinct share of the house (which would be one half each unless stated otherwise). So your husband had the right to leave his share of the house to whomever he chose (which, fortunately from your point of view, was not Battersea Dogs' Home!).
If you were joint tenants the house is already yours. All you need to do is tell the Land Registry is that your husband has died. Simply download, print and complete this form:
http://www1.landregis.../public_guide_009.pdf
Then send it, with a copy of the death certificate to the relevant Land Registry office for your area:
http://www1.landregis...nal/areas/default.asp
Just for a moment, forget about the will. If the deeds to your house show that you owned it as 'joint tenants' then it was your legal partnership that owned the property. Upon your husband's death you, as the surviving partner, automatically became the sole owner of the property. (If your husband's will had stated that his share of the house should go to Battersea Dogs' Home, that part of his will would have been invalid because neither of you owned a distinct share of the property; it was your partnership which owned all of it)
However if the deeds show that you were 'tenants in common' then you both owned a distinct share of the house (which would be one half each unless stated otherwise). So your husband had the right to leave his share of the house to whomever he chose (which, fortunately from your point of view, was not Battersea Dogs' Home!).
If you were joint tenants the house is already yours. All you need to do is tell the Land Registry is that your husband has died. Simply download, print and complete this form:
http://www1.landregis.../public_guide_009.pdf
Then send it, with a copy of the death certificate to the relevant Land Registry office for your area:
http://www1.landregis...nal/areas/default.asp
If you were tenants in common your husband's share of the house still belongs to his estate and you'll need to seek probate to take control of the estate. You might also need to seek probate if you were joint tenants but your husband also held assets (such as bank accounts, shares, etc) which can't be transferred to your name without a grant of probate.
If in doubt, the executor of your husband's will should seek probate. It's usually a very simple process and (unless the estate was particularly complicated) there is no need to use the services of a solicitor. Your local Probate Registry can advise you:
http://www.hmcourts-s...robate/registries.htm
(That link might not work. It's been hard to access for the last few months. You can find the number in the Phone Book anyway)
Chris
If in doubt, the executor of your husband's will should seek probate. It's usually a very simple process and (unless the estate was particularly complicated) there is no need to use the services of a solicitor. Your local Probate Registry can advise you:
http://www.hmcourts-s...robate/registries.htm
(That link might not work. It's been hard to access for the last few months. You can find the number in the Phone Book anyway)
Chris
Generally probate is required where a property is involved in the will (whether sole ownership, joint tenants or tenants-in-common) or where the total value of the will exceeds £5,000. You will need "letters of administration" to release your late husband's funds and transfer them to you.
It is usually a simple process. Contact your nearest probate office for help and advice:
http://www.hmcourts-s...vil/probate/index.htm
It is usually a simple process. Contact your nearest probate office for help and advice:
http://www.hmcourts-s...vil/probate/index.htm
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