Over IHT threshold but 100% left to spouse do I need probate?

[IUseThisNameToTalkAboutMoney]

The husband has died. Assets well over IHT threshold but has left 100% to his spouse. The house and majority of assets were in his name only. I (not the spouse) am an executor of the will. Do we need to apply for probate?

Yes, there won’t be IHT to pay at this stage but you’ll need to apply for probate. The estate needs to be valued first. Until you have probate assets can’t be transferred.

I didn't think there was any IHT if all left to spouse?

Me neither, surely that's only payable on their death?

Property can't be transferred without probate. If they held the house jointly and she can access funds in banks etc then you don't need it. Bank requirements vary. Halifax will release £50000 without, national savings won't do a thing!
However if he held the house alone as you suggest then you will need probate.

www.gov.uk/applying-for-probate

You can likely do it yourself unless the estate is extremely complex. It can take a while though.
And you need all his financial paperwork, accounts and pensions

Two issues.

1. To administer a deceased's estate, unless it falls into exceptions like very small estates, you need probate. The process is there so that only the right people deal with the estate.
2. If you're an executor or administrator one of your duties is to pay any IHT OR explain why none is due.

You need to apply for probate and, in doing so you explain, nay prove, that the estate passes to the deceased's widow and that they were legally married and no IHT is due.

Got it... thank you.

I wasn't sure because the government site said before probate the estate had to be valued for IHT. That's going to take time so since no IHT due I was hoping the spouse could just take ownership. But I understand from this thread it has to be valued and probate granted regardless of IHT before spouse can inherit.