Another noob question but hey thats what this forum is for.
in a 500 point team bulid I am throwing out a 5 figure skrull team....my team points only add up to 400....do i get 4 probs or 5?

and do i still get to use them if i were to use per say the book of skulls or the utility belt?

For a 500 point team you would need 4 characters sharing a common keyword for a NAMED theme team. You get 2 probs for every 300 points (Or fraction thereof) of the total build, so in this scenario you would get FOUR uses of theme team probability control. The Gauntlet, Utility Belt, or Book don't effect your theme team. (The Batcave is the only resource that does at the moment)

What about Penguin?

Penguin does not break theme if used as a Resource.