When someone dies in England or Wales, the executor or administrator applying for probate must report the value of the deceased’s estate to HMRC. This is called the “return of estate.” It establishes whether any Inheritance Tax is due and forms a central part of the probate application.
What does the return of estate involve?
As executor, you are required to value everything the deceased owned at the date of death. This includes money in bank and savings accounts, any property they owned, investments and shares, pensions with a lump sum death benefit, personal possessions and jewellery, vehicles, and any gifts made in the seven years before death that may be relevant to the IHT calculation.
You must also account for any debts or liabilities, such as outstanding mortgages, credit cards, utility bills, and funeral costs. These can be deducted from the gross estate value to reach the net estate figure.
Which HMRC form is used?
IHT400 (the full inheritance tax return)
For deaths on or after 1 January 2022, the IHT400 is the standard form for most estates going through probate. This is a comprehensive return covering the full valuation of the estate, any applicable exemptions, and the calculation of any tax due. It is submitted to HMRC before the probate application is made to the Probate Registry.
IHT205 and IHT217 (legacy forms)
These forms applied to deaths before 1 January 2022 for estates that qualified as “excepted estates.” Since January 2022, the rules changed significantly and these forms no longer apply to new probate applications. If you are dealing with a death before this date, contact our team to discuss which process applies.
Is Inheritance Tax always due?
No. The majority of estates do not attract Inheritance Tax. Whether IHT is payable depends on the net value of the estate, the applicable nil rate bands, any exemptions, and any reliefs. However, the return of estate still has to be submitted even if no tax is due.
Can I complete the return of estate myself?
Yes, and many people do. The IHT400 is a lengthy and detailed document, but it is not beyond someone who is organised and patient. The challenge is that errors in the return can delay your application and may result in HMRC queries or corrections later.
YouCanDoProbate completes the IHT400 for you automatically. As you enter information about the estate through the step-by-step walkthrough, the platform values the estate, identifies which exemptions and reliefs apply, performs all the calculations, and populates every relevant section of the return.
