UK Probate process when no IHT is due?

8 comments

1. Talk to a financial advisor, then talk to a solicitor.

2. You can do a self declaration on the website if none is due – I did it for my mum before finding out she was owed enough NHS pension lump sum to push her into IHT with her house and had to re-do it with the forms.

   Edit: and since I inherited the house there was a residence nil rate band that still meant no tax due!

3. You can do this on your own without a solicitor. Any asset value can be guestimates and no bank statements are required.

   I did it when my Dad passed away and it was very straightforward. I sent the documents off and received the letters of administration two weeks later.

   Any questions you need answering then feel free to private message me.

4. Further comment – if you search government IHT process, you can see everything that needs to be reported/included on the IHT site. The guidance was mostly clear, and when I did do the forms there was a main form for all reports and then clearly indicated sub forms for every other relevant eventuality, eg I didn’t have to fill in the agricultural land ownership sub form as she didn’t have any. I think is only the more complex estates where people need a solicitor. Also, there were a couple times when I wanted to query wording, it sometimes took a few minutes to get through, but the IHT government helpline staff were very clear and helpful. Start with them if you’re worried.

5. Further comment remembering more, no didn’t need anything else special for probate, but there was a will naming me executor. May be different if no will. Probate was quick, final confirmation they accepted no IHT owed took a couple months, and I had to ring back to confirm as they didn’t write to me.

6. They might ask for proof if you are close to the threshold but all I sent over was estimates.

   I did mix up the date that my Dad passed which caused a little hiccup but they were great about it.

7. Beware of people saying it only takes a few weeks. I submitted for probate just before Christmas – they didn’t even look at it until I chased after 16 weeks (and if you tried to chase before then they just said go away). Admittedly, they did then action it, and I finally got probate – only for them to issue it in the wrong name and am still waiting for that to be corrected.

   Apparently it was a busy winter and they are working through a backlog. Can’t exchange on the sale of property until you have probate and its frustratingly slow.

   I find it amusing that HMRC who had over 50 pages of forms to review for us to claim a couple of additional allowances did all that in their 4 week timescale and probate which is little more than the will / identification / IHT confirmation don’t even look at it for 16 weeks. HMRC are the money generators and so are staffed appropriately……………….

8. > How long does the process take?

   I applied for probate on 24-Mar and received the grant of probate letters on 02-Jun; this was for a fairly simple estate with no IHT due.

   You didn’t say whether there was a will; if there is you need to send the original will as part of the probate application and you don’t get it back so make some copies before you send it. Don’t make any changes to the original will at all e.g. don’t remove any staples or other bindings from it.