Probate IHT which form?

leaway2

I have started the probate process online and have fallen at the first hurdle. I am being asked which form I have completed.

 IHT 400 and 421

Forms you completed because you have to pay inheritance tax
IHT 207

Forms you completed because you do not have to pay inheritance tax because it’s an excepted estate and the person who’s died was domiciled abroad

However non of these apply.I do not need to pay IHT as the estate is well below the amount and the latter does not apply as the person was not domiciled abroad.

Am I missing something here?

Flugelhorn

I think you will find that it is an "excepted estate"  https://www.thegazette.co.uk/all-notices/content/104142#:~:text=What is an excepted estate in inheritance tax?,estate' for inheritance tax purposes.

when was the death  - was it before 2022?

leaway2

when was the death  - was it before 2022?   No August 2023

Keep_pedalling

IHT207 is obsolete unless you are applying for probate for someone who died before 1st Jan 2022. You only need to submit an IHT return if there is actually IHT to pay.

Football56

Hi Hope this  is correct section. I am in process of completing online probate application on GOV uk site. My query is my late mothers estate exceeds the IHT threshold (325,000)by 17,000,however the whole estate has been left to both my sister and I and my understanding is I can claim a further 175,000 residence nil rate tax(Total 500,000). Will this be sorted by probate on receipt of my application plus supportinfg documentation ie: will,death certificate etc or do I need to contact HMRC before submitting probate application and if so does anyone know which HMRC form needs to be completed. I am just trying to ensure there is no delay in probate application. Any help would be appreciated

polar_pig

I presume your mother left a property to you and/or your sister and therefore you could claim the £175k RNRB.
However, given that the estate is only £17k above £325k, it is easier to apply for probate using your father's transferable £325k NRB, if available, (fewer forms to fill in).

However, this assumes your father pre-decease your mother and didn't leave more than about £300k (currently, or more than about 95% of his NRB at the time if he died some years ago) to anybody OTHER THAN your mother. Is this the case?

Football56

Thanks for reply. You are correct in your assumption. They had mirror wills so when Dad died in 2007 everything passed to Mum. Is it relatively easy to apply using transferable £325K NRB and does this have to be completed prior to sending off probate application. Could you advise which HMrc form I should use.

polar_pig

That makes things much more straight forward. It should be easy to do probate yourself.

Assuming your Mum died after 1st Jan 2022, you only need to complete the online probate form PA1P:

https://www.gov.uk/government/collections/probate-forms

Use their calculator to be able to fill in some of the numbers:

https://www.gov.uk/valuing-estate-of-someone-who-died/estimate-estate-value#use-the-online-inheritance-tax-checker

Football56

Thanks again for swift and detailed reply. I have started the online probate application form and in inheritance tax section it asks if I am claiming the unused IHT allowance  of the deceased late spouse. I have answered yes however will the probate office notify HMRC with regards to this ie: does this automatically happen or do I have to notify HMRC that I am claiming unused IHT allowance prior to completing the probate application. Apologies if I am going over same ground,just trying to make sure everything is in order prior to submitting probate application.

polar_pig

No need to notify HMRC.