Probate

[Conan]

A question :
A wife died some two years ago. All assets were held in either joint names or in the name of the husband. No probate was sought.
The husband has now died and all assets are to be divided amongst the children.

My question is, can one probate now be completed on the husband's estate or will two separate probates be required?

 

[Thirsty]

Are you the executor? Is there a will?

 

[trojan]

Are you the executor? Is there a will?

As a non legal person i would think that as the father was sole owner of the assets there is need only for probate to his estate

 

[Branz]

Were there any State payments continued after the wife death that maybe should not have been, common enough occurrence.

 

[thedaddyman]

Were the assets held in joint names transferred over to the husband?. I know in the case of my own family we were not required to take probate out when my Dad died, there was a will leaving everything to my mother so anything in joint names had to be changed to her (eg bank accounts) and anything in his name only (some shares worth around €15k) had to be transferred to her name. It was just an exercise in form filling more then anything else

 

[Vanilla]

If there are any assets in the mother's sole name which require a grant, then you need two. For eg if there is real property involved, like a house or land in her sole name. The title to any property going from your mother to father, then to children, thus two grants are necessary.

But if the only assets, as you say, were in joint names ( as joint tenants) between mother and father, or in father's sole name, then you should only need one grant. So it depends.