Probate Question

[UE40KU6000]

My wife and myself have wills that in the event of the death of one the whole estate is left to the other and we both have named the same executor.
My question is in the event of us both dying at or about the same time (say a fatal car accident) would our executor have to apply for probate for each of us separately (using probate form PA1P) or only once for the person deemed to be the second to have died ( even if only a few minutes between the two deaths?

I know that the estate of the first deceased would pass on death to the second but I would like to know how this eventuality affects the appying for probate process and what our executor would need to do.

Any advice would be great as I cant find the answer to this anywhere.

[Pezza54]

Solicitor flintbishop.co.uk have published a very interesting article about this topic. In 2015 there was a case where an elderly couple who had both been found dead together. Neither had left wills.
Under legislation it is deemed the eldest person died first unless it can be proved otherwise. As the husband was the eldest his estate passed to his wife and under the rules of intestacy the whole estate passed to her daughter.
The husband's daughter challenged this and started a court claim. £179k was spent on legal fees. The husband's daughter could not provide sufficient proof that the wife had died first and lost the case

So the answer to your question is that unless it is proved otherwise, whoever is the eldest out of you and your wife will have deemed to die first and the estate passed to the "surviving" spouse. Only one probate application required.

[atticus]

The question depends rather more on what is in the estate(s) than anything else.

Is there anything significant owned by either that a grant of Probate will be needed to transfer?

Is there any jointly owned property? If so, on what terms?