Do I need probate if my spouse dies?

Part 1

What if I owned a property with my spouse?

There are two ways that you can own land jointly with another person:

• Joint tenants
  If you own your house as joint tenants then if one person should die then the property will automatically transfer to the surviving joint owner, irrespective of whether there was a will or not. If you own your property as joint tenants then it is unlikely you will need a grant of probate.
• Tenants in common
  If you own your property as tenants in common then this means each joint owner has a recognised share of that property and that share will pass in accordance with the will or under the intestacy rules. If you own your property as tenants in common then you will need a grant of probate before the share that belonged to the person who has died can be transferred or sold.

Part 2

How do we find out if we are joint tenants or tenants in common?

In order to ascertain how you own your property with your spouse/civil partner then you can either contact the conveyancer who handled the purchase of the property for you or you can undertake an online search at the Land Registry. Kwil can undertake this search for you at a minimal cost and advise you exactly how your property is owned.

Part 3

Is probate needed between civil partners?

If you are civil partners then it works in exactly the same way as with married partners. Any property that is jointly owned will pass automatically to the surviving civil partner. Any assets that are held in the sole name of the deceased and are over £5000 may require a grant of probate.

Part 3

What happens if my spouse/civil partner did not leave a will?

If your spouse/civil partner did not leave a will then they are regarded as having died “intestate” and their estate will pass in accordance with the Intestacy Rules. Remember that any jointly owned property you owned with your spouse/civil partner will still pass directly to you as well as the first £270,000 of assets in his/her sole name. You would then be entitled to half of the remainder and the deceased’s children would be entitled to split the remaining half. If there are no children then everything will pass to you automatically.