When to Apply For Probate?

MysteryMan

I have filled in all the inheritance tax forms and will be posting those tomorrow. My calculations are that there is no tax to pay on the estate.

It says to wait 20 working days before applying for probate if there is tax to pay but, as there isn't, am I OK to apply now or is it best to wait for the 20 days?

Thanks

Sarahspangles

Is there a reason you have completed paper forms rather than using the online process?  It can save a LOT of time.  You may not even need to submit IHT forms if it is an excepted estate, if so, you just input summary figures in the (online) application for probate.

The guidance is here https://www.gov.uk/valuing-estate-of-someone-who-died/check-type-of-estate

MysteryMan

Sarahspangles said:

Is there a reason you have completed paper forms rather than using the online process?  It can save a LOT of time.  You may not even need to submit IHT forms if it is an excepted estate, if so, you just input summary figures in the (online) application for probate.

The guidance is here https://www.gov.uk/valuing-estate-of-someone-who-died/check-type-of-estate

Thanks but, yes, it did need IHT400 and a bunch of other forms!

Nearlyold

Our Solicitor told us the 20 days was to allow time for the IHT "department" to log stuff on to the system so the Probate application could be matched up with the IHT paperwork. 

Sarahspangles

I think the aim of the 20 days is to allow HMRC time to create the taxation case files, so that HMCTS can connect up the probate case files. If you do the probate application online you tick a box to confirm the HMRC submission has been made. Recent experiences from people using this board suggest that anything that varies from the standard process tends to introduce delays, so that's the risk if you don't wait.  We found that the probate process was pretty quick - around a month.

MysteryMan

Nearlyold said:

Our Solicitor told us the 20 days was to allow time for the IHT "department" to log stuff on to the system so the Probate application could be matched up with the IHT paperwork. 

Yes, that makes sense! I'll hold off for the 20 days, then!

Crafty_lily

I am getting a bit confused, I won’t need to pay inheritance tax do I just move straigh5 onto probate or do 8 need to fill out IHT 400, because I read somewhere you don’t need to.

poppystar

Crafty_lily said:

I am getting a bit confused, I won’t need to pay inheritance tax do I just move straigh5 onto probate or do 8 need to fill out IHT 400, because I read somewhere you don’t need to.

It depends on the circumstances of the estate. Perhaps start a new thread and post your question with a few more details.