probate

[derbyshire38]

Myself, sister and mum own a third each of my mothers house valued at �140,000, my mother has unfortunately passed away leaving a will saying that her third should be left equally between my sister and myself - do we have to go to probate?

[factor-fiction]

Yes, I'm sure you need to go to probate. I can't see any reason why not.

[dzug]

It depends on the type of ownership - if you were joint tenants the house now does belong to you regardless of the will, which was superfluous. You don't need probate if this is the case - the death certificate is evidence of ownership.

If you were tenants in common then you will need to get probate before you can sell/change the registration details of the house.

[factor-fiction]

Yes, I agree with dzug about the house. I was addressing the more general point that probate is probably needed for winding up fully the financial affairs of the estate in such cases where (I assume) there is no living spouse.

[Lucy288]

You can obtain information on probate IWC 0845 0773892. They are very helpful and if you do need to make an application for probate they are very cheap. Hope this helps

[iwcprobate]

If she left a one third share it is more likely that the property was owned as tenants in common in which case probate will have to be done in order to transfer the property into the names of the beneficieries. We have an office in derbyshire, feel free to call us on 01773 300 500. Media URL: http://www.iwc-ltd.co.uk
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