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Probate property question

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  • Probate property question

    Sorry if this is a common question but I can't find an answer online.

    I'm applying for probate for my dad's estate. I've discovered that the Land Registry shows his house to be jointly registered between him and his second wife, who died in 2010. In his file I've found a copy of her will and of the probate he completed after her death, which both show him as the sole beneficiary but don't mention the house. It seems that he either forgot to remove her details from the register or didn't know she was there in the first place.

    From a quick search around it seems very simple to remove a joint owner from the registry when the other owner is still alive, but I can't seem to find out how to do so when both parties have died. Can anyone point me in the right direction? Thanks.
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  • #2
    With Joint Tenancy, there is an absolute right of survivorship to the surviving joint tenant. This tenant then owns 100% of the estate (home). When the surviving tenant dies, probate determines in accordance with state law who gets the home. Joint tenant rules trump a will just as a will trumps probate law.

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    • #3
      I think you have to complete form DJP, (Deceased joint proprietor (DJP) - GOV.UK (www.gov.uk) send together with original death certificate.
      You will be the one applying (sec 5), but as the personal representative of your late father.
      Sent together with an explanatory letter and hopefully all will be resolved

      If it is wrong the LR will return it, possibly without explanation!

      Comment

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