Probate & House deeds.

T

TrotterDel

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Is it normal for the solicitor to request the deeds of the house when processing probate. My father passed away six months ago, the house is in joint names (My Parents) and everything is going to my mother.
I would appreciate any advice.


Thanks,
TD.
 
Last edited:
Yes its normal - if a Grant of Probate is needed details of property is needed (even if joint title) and even if it isn't title needs to be tidied up into your Mother's sole name. But you should be clear what the solicitor wants them for and what action is proposed and that s/he has been asked to carry it out.
 
TrotterDel said:
Is it normal for the solicitor to request the deeds of the house when processing probate. My father passed away six months ago, the house is in joint names (My Parents) and everything is going to my mother.
I would appreciate any advice.


Thanks,
TD.
Click to expand...

Is the solicitor supposed to proceed on word of mouth only? Don't you think they should make the correct enquiries?

"But you should be clear what the solicitor wants them for and what action is proposed and that s/he has been asked to carry it out. "

I don't understand what is being suggested here.

mf
 
Not my area but is probate needed for property that is held by a surviving joint tenant, I understood that the property passes outside the estate or is it done at the same time as probate although not part of it?
 
Joe_90 said:
Not my area but is probate needed for property that is held by a surviving joint tenant, I understood that the property passes outside the estate or is it done at the same time as probate although not part of it?
Click to expand...

Joint property passes automatically. The point is though - how does a solicitor know that property is held jointly? Only by looking at the Deeds.

A client would be very quick to cry "negligence" down the line if proper enquiries were not made.

mf
 
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