When a homeowner dies, relatives often assume their share of the house will automatically pass to their spouse, partner or co-owner. Sometimes that is correct, but not always.

For families in Twickenham, the answer depends on how the property is owned and what other assets are in the estate.

Understanding the distinction early can help avoid confusion during probate and estate administration.

Joint tenants and tenants in common: what is the difference?

If two people own a property as beneficial joint tenants, the surviving owner generally inherits the deceased owner's interest automatically through the right of survivorship.

The deceased cannot leave that interest to someone else in their will.

If they own as tenants in common, each person has a distinct beneficial share.

That share does not automatically pass to the other owner.

Instead, it passes according to the deceased person's will or, if there is no valid will, the intestacy rules.

Does jointly owned property need probate?

A home held as beneficial joint tenants will usually pass to the surviving owner outside the deceased person's estate for probate purposes.

However, probate may still be needed for other assets held solely by the person who died.

Where the deceased held a share as a tenant in common, the personal representatives may need a grant of probate or letters of administration to deal with the estate and the property interest.

The exact steps depend on the ownership structure and circumstances.

How can you check how a home is owned?

The title register and other property documents can help identify how ownership is structured.

The register may contain a restriction that indicates a tenancy in common, but the full position is not always obvious from the register alone.

A declaration of trust or other documents may also be relevant.

Do not assume that being married, living together for many years or having both names on a mortgage settles the inheritance question.

What if the property has a mortgage?

A mortgage does not disappear when an owner dies.

The surviving owner and personal representatives should contact the lender to understand the account, any insurance and the available options.

Legal ownership, beneficial ownership and responsibility for a mortgage are related but separate questions.

What should families do next?

Start by locating the will, property documents and mortgage information.

Establish whether the home was held as joint tenants or tenants in common, and identify who is responsible for administering the estate.

Richmond Wills & Probate supports families navigating probate and estate administration in Twickenham and the surrounding area, including helping them understand the steps involved when property forms part of an estate.

Find out more about probate at by clicking here.

Richmond Wills & Probate is a sponsor of Twickenham Nub News, without our sponsors, our Twickenham online newspaper would not be possible. Thank you.

This article provides general information about the law in England and Wales and is not a substitute for advice tailored to individual circumstances.