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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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Morning, My Father has recently passed away and has passed

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My Father has recently passed away and has passed on all goods via his will to my mother. They have never had a mortgage and the estate including the house is likely worth approx 300k.

Do I need to consider Probate?

Ian Hale
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Were they both named as joint proprietors of the property
2. What is the value of the assets in your father’s estate not including the property
Kind regards.
Customer: replied 5 years ago.

1. Yes both named on house deeds

2. Outside of the property he left only £16,000 plus a car worth about £4k

Hi Ian,

Do you know if they owned the property as "joint tenants" or "tenants in common".

Was the £16, 000 held in a joint account with your mother?

Kind regards,

Customer: replied 5 years ago.

Joint tenants and only £11,000 was in joint account




Thanks for your reply.

Probate is usually not needed where the deceased owned everything jointly with another person and this was to pass automatically to the surviving joint owner by the rules of survivorship. In the case of the monies and the property you will not need to get a grant of probate because you can simply produce your father’s death certificate to the bank/land registry. They will then remove your father’s name from the Land Registry title and bank account so that she would then own them in her sole name.

As to the car, I would see if you can get away with transferring the registration at the DVLA without the need to get a grant of probate. The value is less than the rule of thumb (£5000.00) for assets to require probate to be obtained. You will have to inform them of the death, produce a copy of the death certificate and state that your mother is entitled to be registered as the owner. You may have to produce a copy of the Will certified as a true copy by a local solicitor.

I should think that you will be able to transfer the registration without getting a grant, but it depends on the DVLA. It would be excessive in my view for them to insist that you obtained a grant in these circumstances.

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Kind regards,

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