What happens when someone dies and has a property is probate always required to deal with the property ? well the answer depends upon how the property is owned.
If the deceased held the property solely in their name, then Probate will need to be obtained by the Executors/Administrators to sell or rent the property. By contrast, if the deceased held the property jointly ( as joint tenants ) with another person who is still alive, then Probate will not be needed as this passes automatically to the surviving joint owner and the deceased’s name can be removed from the Land Registry using the death certificate. However, if the property was owned by the Deceased as Tenants in Common with another person then Probate will be needed in this case as it means the person’s share forms part of their estate and passes as per their Will or under the intestacy rules and NOT by survivorship to the other person.
If you need some help obtaining probate to sell or rent a property we operate a nationwide fixed fee service contact tim.murden@tmsolicitors.co.uk