Probate online application

[Empathy101]

I recently applied for probate online as executor for my father's estate - my mother (his surviving spouse is the sole beneficiary)
Will has been sent in.
The value for probate purposes is circa 500k
The Gross estate for IHT is circa 500k, net qualifying estate for IHT is 0 (as his spouse, my mother, inherits everything) - I checked and I put 0 down as net qualifying estate for IHT
I was surprised the online application didn't ask if a surviving spouse was inheriting the estate, or about nil rate bands etc

However the probate office have written back to me with the below (a few days after the online application) - which makes no sense.
There is no IHT400 to complete for this excepted estate (which they have asked me to apply for) as a spouse is inheriting the entire estate (and its below £3 million, no gifts, not trusts) - is the probate service and online application just useless or am I missing something?
I even went back to do a mock online application and there are no questions re spouse inheriting or nil rate bands etc ..(as it is even if they had asked the nil rate band question -which they didn't - it's not the reason this is an excepted estate)

Application states excepted estate but gross estate between £325,000 and £650,000 and answered No to Nil rate band question
Your application states you have not submitted IHT forms to HMRC to report the value of the estate. The Gross value of the estate you have submitted is above the excepted estate limit of £325,000 and you have answered ‘No’ to the question are you claiming unused Nil rate band. You have not claimed any other exemptions.
As the gross value of the estate exceeds £325,000 and there are no exemptions to claim you will need to report the value of the estate to HMRC. Please complete an IHT400 and submit to HMRC. Form IHT400 can be downloaded from

You still have to do the IHT thing online even with everything transferring to the spouse - you then get a reference code you put in the probate application. This is what ties it all together. When you get to the second spouse there are more forms to fill out on the IHT application to claim the nil rate bands etc, but it is both really straightforward

was it in joint names or your dads name? We didn’t apply for probate when my dad died as it went straight to my mum.

Do they think you are the beneficiary not your mum?

It was all very straightforward when we did apply though.

All the banks are insisting on probate to release the funds to me as executor (and then to my mother)
Lots of the money just in my dads name.

CMOTdibbler what online IHT thing? I did the online calculator (and questions) which showed of course there was zero IHT to pay but there was no code.. that’s just a calculator.
Then I did the online probate application where you are asked a series of questions.
That asks for details of me (as executor) - and then at the end it asks you to send the original copy of the will.
They are specifically referring to IHT400 which is as per gov.uk guidelines not needed for excluded estates (ie all to going to a spouse)

based on the values you posted, I think you need to file an IHT return with HMRC even if there's no actual inheritance tax to pay. You won't be able to get probate without doing the HMRC part first.

Think of it this way - you know the estate doesn’t attract IHT but the revenue doesn’t yet. That’s why you have to put the form in.

This is rubbish you do not understand and should not be posting. It is an excepted estate and IHT400 is not needed.

This is rubbish you obviously do not understand the system and should not be posting. This is an excepted estate and an IHT return is not needed.

There are two options here.

Either you have made an error or omission in the online probate application, or your application has been dealt with incompetently.

I inherited from DH last year. Because he had a bank account and holiday home in another country, I had to fill in IHT400 even though as a spouse it was an excepted estate. I printed the form off, worked out which related forms I needed to complete and just worked through them as information came in. I printed them again for a best copy to send in (it was about February time, so I've forgotten some details but I think I decided to go with paper copy, however I may have done it online..) If you have all the financial information for probate, you will have all the info for IHT. Basically, it was to prove the value of the estate and that I didn't owe IHT. It took just over a month for the IHT reference number to come through. You then put this in to the relevant box on the probate application - and that covers all the financial information. Probate was just adding names and contact details. It was granted in less than a week - in fact, they phoned to tell me it was granted at 8.40am on a Saturday and the formal papers arrived the following Tuesday. I think this was much faster than only applying for probate!
The Irish application, however, is now 5 months in and still waiting...
Sorry you are having to go through this.

I did exactly the same. It made no sense to me either that this wasn’t included on the form in the first place. I just emailed back with my DF’s (who died first) details and death certificate and they then granted probate.

Thankyou that is my understanding - the estate is well below the £3 million required to complete IHT400 for a surviving spouse inheriting the entire estate (and its simple no trusts, no gifts etc)
I can only think the probate office are wrong (and I've read some other posts to suggest this isn't unusual)
I was just surprised how little information was needed for the online probate application - but they have the will now and I've emailed them back to explain its a spouse inheriting .. but it is concerning - the fact they said I said "no" to the question am I claiming the nil rate band - that isn't even a question on the online probate application! (it is on gov.uk How to value an estate for Inheritance Tax page) - and I checked the numbers on there - but you don't log in for that and there is no link to the online probate application. Anyways on that checker I did say the entire estate was being left to a surviving spouse if there is some way they can see that..
It's all very odd - I even checked and I put the net qualifying estate for IHT as 0.

The online application is very straightforward (too much so I would say as it doesn't ask any questions about a spouse inheriting)
The fact they said I said "no" to the question am I claiming the nil rate band - that isn't even a question on the online probate application! That is concerning... (remember I did online not the PA1P form)'
And I've gone back and checked and every answer is correct I have given.
So I suspect they are wrong - I work in investment banking and deal with far more complex matters on a daily basis - I guess the process is only as good as the caseworker you get. But it's concerning when IHT400 is categorically not required for this estate - it's all clearly laid out on the gov.uk website

The IHT Helpdesk told me that you need an IHT reference number if there is property involved, even if the value of the estate is below the IHT threshold.

And even for an excepted estate.

The person you spoke to is wrong - that only applies if there is a residence nil rate band (RNRB) being inherited... if its the first death IHT400 isn't needed (after 1st Jan 2022- the date of death matters) it's just an expected estate if the conditions are met.
As it is in my case the entire estate is being inherited by my mother (his spouse) so NRB and RNRB are irrelevant until the second death.

Spoke to the probate office - they “miss read” the will and missed the first clause that said my mother inherited the estate absolutely …
I also explained there is no nil rate band question on the online application - and he said he didn’t know that as they don’t see the online applications they are automated …
he was very helpful - but bottom line I isn’t do anything wrong !