In order to apply for Probate in England or Wales, the Executors or Administrators of the Estate must complete an Inheritance Tax form. This is the case even if there is no Inheritance Tax to pay in respect of the Estate. The Inheritance Tax form must be completed whether or not the deceased left a Will.
If you are planning to apply for Probate yourself, you will need to determine the value of the deceased persons' Estate (everything they owned on the date of their death), in order to calculate whether Inheritance Tax is due; and if so how much.
You will then need to complete the correct Inheritance Tax form, make arrangements to pay the Inheritance Tax, and deal directly with HM Revenue & Customs (HMRC) yourself. If any mistakes are made you can be held liable.
With our Probate Complete Service we take full responsibility for getting Grant of Probate and dealing with the Legal, Inheritance Tax, Property and Estate Administration affairs.
We will deal with the Inheritance Tax matters on your behalf, and we will handle all correspondence with HMRC, when you use our Probate Complete Service. There are no upfront costs to pay, as our fee will be taken from The Estate once it is in funds.
To speak with a Co-op Probate Advisor call 03306069584 or contact us online and we will call you.
The Inheritance Tax Forms Needed to Apply for Probate
There are two Inheritance Tax forms – IHT205 and IHT400. In order to know which you need to complete you will need to work out how much the deceased's Estate is worth. You will need a valuation of the deceased's assets, together with details of any liabilities (debts) the deceased had, this will enable you to establish the value of the deceased's Estate.
This form is a much longer document than Form IHT205 and more detail is required to complete it. There are supplemental pages to the form, some which may need to be completed.
If the Estate is more complex (if it contains foreign assets or the deceased made significant gifts before they died, for example) then you may have to consider completing From IHT400.
Inheritance Tax Reference Number
If there is any Inheritance Tax to pay in respect of the deceased's Estate, you will need to obtain an Inheritance Tax reference number and payslip from HMRC. You can apply for this by completing Form IHT422 and sending it to HMRC together with Form IHT400. A copy of Form IHT422 can be found here. You can apply for an IHT Reference Number online here.
Obtaining Probate and Paying Inheritance Tax
Before the Probate Registry (Court) will issue the Grant of Probate or Grant of Letters of Administration, any Inheritance Tax due must be paid. At the very latest, it must be paid six months after the end of the month in which the deceased person died. So, if someone died on 5 February, the tax is due by 31 August.
It is possible to transfer money directly from one of the deceased person's bank or building society accounts using Form IHT423.
HMRC can sometimes take 6 months to review the IHT400 form and confirm they are satisfied that all Inheritance Tax due has been paid.
The Probate process is complicated and is very time consuming. The average time it takes to wind up all the Estate administration affairs is 9-12 months but complex Estates often take much longer.
For free initial advice and guidance call our Probate Advisors on 03306069584 or contact us online and we will help you.