Probate needed or not? - And which forms?

[Another2Cats]

My DF passed away very recently and DB and I are the executors.

His will was being kept by a will writing company and when we went along to them an "Estate Planning Consultant" from the firm told us that probate was not required and all that we needed to do was to complete form TR1.

I really don't think that's right.

My parents owned their home as tenants in common (so they owned 50% each - not joint tenants) and DF left everything to DM. The house is the only real asset, he only had a small amount in his bank account.

From everything I've read, I think we need to get probate and then complete form AS1 and AP1.

Can anyone here give any advice?

I am not sure if I am allowed to do this but the MoneySavingExpert Forum has a topic about this and there are lots of really helpful people who know all about the forms etc.

I'd say yes. As they were tenants in common, then half of the house is part of your DF's estate and probate will be required.

The Co-Op agree: https://www.co-oplegalservices.co.uk/media-centre/articles-oct-dec-2019/is-probate-needed-for-tenants-in-common/

If an Estate Planning Consultant says otherwise then he may need to explain how/why.

Id agree with this - I used the forum a lot when my mum died! They also have experts that work at the probate office on there.

https://forums.moneysavingexpert.com/categories/deaths-funerals-probate

Thank you very much everyone. I really do appreciate your help