Co-Ownership Rights and Probate Access to Property: What if One Co-Owner Refuses?

When a co-owner in a shared property passes away, especially in a jurisdiction where the property ownership is registered in such a way that each owner holds a 50% interest, a legal question often arises: Can the utor (executor or administrator) of the deceased co-owner's estate gain access to the property if the surviving co-owner refuses entry?

The Situation and Context

This scenario involves two friends who jointly own a property, each holding a 50% interest, and both living in the property. Upon one friend's death, if there is no co-ownership agreement or testamentary provisions, the deceased's share typically would need to be disposed of through the probate process. This often involves either:

Selling the property with the deceased's share going to the estate. The surviving owner paying out the deceased's share so they can become the sole owner.

The Role of Probate and Legal Rights

Once the utor obtains the necessary Grant of Probate, they are granted legal authority to manage estate matters, including accessing the property. If the surviving co-owner initially refuses access, the utor can:

Seek cooperative access arrangements. Apply to the court for an order to ensure access.

Typically, the court would grant such an order, and if necessary, law enforcement could assist in ensuring access is granted.

Legal Protections and Notice of Sale

If the property is rented out, the current tenants would be notified of the upcoming sale. They will be required to vacate the premises within a specified timeframe. Once the tenants have vacated, both the utor and the surviving co-owner can then proceed with preparing the property for sale.

Conclusion and Additional Resources

While this explanation covers one jurisdiction, it's important to note that the specifics of probate and tenancy laws can vary by location. It's advisable to consult legal professionals in your area for specific guidance.

For further reading, you might consider searching for local legal experts, probate laws, and real estate regulations relevant to your specific jurisdiction. Understanding these principles can help navigate complex legal situations more effectively.