Do You Need Probate for a Jointly Owned House?
When someone dies owning a house jointly with another person, the question often arises: is probate necessary to deal with the property? The answer depends primarily on how the property is owned and the legal arrangements in place.
Joint Ownership Types
There are two main ways to own property jointly in England and Wales:
- Joint Tenants: Each owner has an equal share, and when one dies, their interest automatically passes to the surviving owner(s) by the right of survivorship.
- Tenants in Common: Each owner holds a specific share of the property, which can be passed on according to their will or the rules of intestacy if they die.
When Probate Is Usually Not Needed
If the property is held as joint tenants, probate is generally not required to transfer ownership of the house. This is because the deceased’s share automatically passes to the surviving joint owner(s) without the need for a grant of probate. The surviving owner can usually provide the death certificate to the Land Registry or mortgage lender to update the ownership records.
When Probate May Be Required
Probate becomes necessary if the property is owned as tenants in common. Since each owner’s share forms part of their estate, the deceased’s share will need to be dealt with through the probate process. To sell, transfer, or otherwise manage this share, a grant of probate (if there is a will) or letters of administration (if there is no will) will usually be required.
Additionally, probate might be required if the jointly owned property is part of a larger estate that requires probate for other reasons, such as other assets needing to be administered. Mortgage lenders may also require a grant of probate before releasing funds secured against the property.
Using Form PA1P in Probate Applications
If probate is necessary and there is a will, Form PA1P is used to apply for a grant of probate. This form allows executors or beneficiaries to obtain the legal authority to manage the deceased’s estate, including any property held as tenants in common.
It is important to complete the form accurately and provide all supporting documents, such as the original will, death certificate, and details of the estate’s assets and liabilities.
Summary
- For a house owned as joint tenants, probate is usually not needed because ownership passes automatically to the surviving owner(s).
- For a house owned as tenants in common, probate is typically required to deal with the deceased’s share.
- Probate may also be necessary if the property is part of a larger estate requiring probate or if a mortgage lender requests it.
- Form PA1P is the standard application form for probate when there is a will.
If you are unsure whether probate is needed in your situation, it is advisable to contact the Probate Registry or seek legal advice for guidance.
Official reference: https://www.gov.uk/government/publications/form-pa1p-apply-for-probate-the-deceased-had-a-will. Always check the latest official guidance. Related forms: Browse our form category.
Important: This article provides general information. Government rules, forms and procedures can change, and this article may not reflect the latest updates. Check current GOV.UK guidance or the relevant authority before relying on it. ITG & Co. is independent and is not affiliated with a government department.