Procedure For Grant Of Probate For Tenants In Common

April 2, 2023 1 Min read Views 71 BLOG

When a joint tenant dies, the deceased’s share of the property automatically passes to the surviving tenant. Known as Right of Survivorship, there is no need to apply for a Grant of Probate in these circumstances. However, if one owns a share of a property as a tenant in common, if one of the owners dies, their share does not automatically pass to the remaining co-owners. What happens to that share largely depends on whether they left a will or not. Either way, a Grant of Probate for tenants in common will be required in order to administer the estate of the deceased, including their share of the co-owned property.

Tags: probate

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