The crucial question is how it was jointly owned. If it was held as joint tenants, the property may pass automatically to the surviving owner outside the estate. If it was held as tenants in common, the deceased’s share…
The crucial question is how it was jointly owned. If it was held as joint tenants, the property may pass automatically to the surviving owner outside the estate. If it was held as tenants in common, the deceased’s share forms part of the estate and is dealt with through the will or intestacy rules.
That distinction changes everything. It affects whether the property can be sold through the estate, whether probate is needed in relation to it, and how the title is updated.
Related reading
- How to sell a probate property: a clear step-by-step guide for executors and familiesHow to sell a probate property: a clear step-by-step guide for executors and families/probate-guides/how-to-sell-a-probate-property/
- Missing deeds, unregistered title and other title problems that can slow a probate saleMissing deeds, unregistered title and other title problems that can slow a probate sale/probate-guides/missing-deeds-unregistered-title-probate/
- The probate property documents checklist: what to gather early to prevent delay laterThe probate property documents checklist: what to gather early to prevent delay later/probate-guides/probate-property-documents-checklist/
- What do buyers need to know — and what do we have to disclose?What do buyers need to know — and what do we have to disclose?/knowledge-hub/what-buyers-need-to-know-in-a-probate-sale/
- What if the title deeds are missing?What if the title deeds are missing?/knowledge-hub/what-if-title-deeds-are-missing/
- What if the property was never registered with Land Registry?What if the property was never registered with Land Registry?/knowledge-hub/what-if-a-probate-property-is-unregistered/
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