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probate 10 years later

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  • probate 10 years later

    Good afternoon to all, i have posted on here few months ago regarding my mothers property as she died intestate. There are four siblings and my sister has never left the parental home. So here we are now after going through probate, we now go to a solicitor to change the name from my mothers name to ours, only to find out my dads name is the only name on the deeds and my mothers has never even been on. Can anyone advise as to what we do now. Do we have to go back to probate with my dads details he has been dead 10 years now. All the probate we have done was in my mothers name as we had no idea dads name was the only one on the house. Many thanks.
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  • #2
    Re: probate 10 years later

    There is no time limit for making an application for Probate - how did you deal with your Dad's estate at the time?

    Comment


    • #3
      Re: probate 10 years later

      Hi Steve, thank you for prompt reply. When my dad died, my mum and sister were left living in the house. Mum must of thought dad had her name on mortgage as we all did, and we thought she had signed for the house once he had died. Obviously to us all now, my mum did nothing. My sister wants to continue living there as she says she has never left, but we are all a bit confused as to what we do now. We did the probate ourselves because we thought it was straight forward, but not sure what happens now with mums name not on deeds or land reg.

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      • #4
        Re: probate 10 years later

        But did you get a Grant of Probate when your Dad died?

        Comment


        • #5
          Re: probate 10 years later

          No, mum just carried on living as before in house.

          Comment


          • #6
            Re: probate 10 years later

            You will need a Grant then in order to transfer ownership of the property. Sorry.

            Comment


            • #7
              Re: probate 10 years later

              When you say grant Steve do you mean we have to go through probate again?

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              • #8
                Re: probate 10 years later

                Thank you for all your advice Steve, much app.

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                • #9
                  Re: probate 10 years later

                  I don't understand your question betty, sorry.

                  You have obtained Letters of Administration for your mum who died intestate, but no Grant of Probate was ever obtained for your dad, who died leaving a will?

                  You need a Grant of Probate to deal with your dad's estate, which includes the house.

                  Comment


                  • #10
                    Re: probate 10 years later

                    Did your father leave a will? If so do you know where it is?
                    If there is a will you will need a grant of probate to settle his estate.
                    If there is no will you will need letters of administration.
                    When you have either of these you will be able to register the change of ownership of the house.

                    You mentioned a mortgage in you father's name..... was this redeemed on or prior to his passing?

                    Comment


                    • #11
                      Re: probate 10 years later

                      No i am sorry Steve maybe i have confused you. Dad died intestate as well as mum.

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                      • #12
                        Re: probate 10 years later

                        Posts crossed!
                        You will need letters of administration to deal with your late father's estate.

                        Comment


                        • #13
                          Re: probate 10 years later

                          Thank you Des, dad died intestate and when he died the mortgage had been paid off for many years.

                          - - - Updated - - -

                          Thankyou Steve i understand now.

                          - - - Updated - - -

                          Thanka for your help Steve.

                          Comment


                          • #14
                            Re: probate 10 years later

                            The process for applying for Letters of Administration is exactly the same as that for getting a Grant of Probate. It is fairly straightforward and you should be able to do it yourself.

                            There is an overview here https://www.gov.uk/wills-probate-inheritance/overview

                            Comment

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