Could any probate solicitors advise?

[bubbagunt]

I hope someone could assist or share their experience?
My friend has died leaving a fiancé and 3 young children. No life insurance, no will. They have a joint mortgage.
His fiancé has established they own their home as tenants in common and has been told she will need to obtain probate.
Will she need to sell the home?
Do you need to instruct a solicitor to obtain probate?
Is there any help either financial or advice available in these situations? If so where would she start?
What does any of this mean?
From what I understand his fiancé can afford to continue to pay the mortgage and they had just secured a 5 year fixed so no concern about remortgaging for a while.
Any advice?

The lack of a Will makes it all very complicated. Hope you find the following helpful, if long winded

https://www.gov.uk/inherits-someone-dies-without-will

You can do probate without a solicitor. You can also get quotes from a few and then decide.

Assuming your friend lived in England or Wales, his fiancé won't inherit anything. His entire estate, including half of the house, goes to his children. That does not mean the house has to be sold but, as the children are too young to own property, their portion will have to be held in trust for them until they are old enough. Whilst your friend's fiancé can obtain probate without a solicitor, I would recommend seeing one to ensure that proper arrangements are put in place regarding the property.

I'm really not sure that the fiancée has any legal standing to obtain probate themselves, they may be able to do so on behalf of the children.

https://www.gov.uk/applying-for-probate/who-can-apply

You cannot apply if you’re the partner of the person but were not their spouse or civil partner when they died. You’re not automatically entitled to any of their estate, unless you’re able to make changes to the inheritancece_.*

This is a very sad, and complicated situation. An argument in favour of having a will.