IHT impact on Intestate with DoV

[Wyabcp]

My mother recently passed away, unfortunately she did not leave a fully complete Will, so it looks like this will have to follow the rules of intestacy. The estate is made up of 2 properties , one in her name, and one under joint tenancy with her spouse. The intention is to split the estate between, spouse and two descendants, using a DoV. The split to the descendants will stay under the nil rate band. Could someone confirm that this would still come under and excepted estate ? and a IHT400 is not required ?

[Pezza54]

Your mother's spouse should apply for letters of administration using form PA1A
If you have used the IHT checker tool and there is no IHT to pay, IHT 400 is not required. Estate values are reported on PA1A

[Wyabcp]

That's very useful, thanks. So if I understand correctly, as long as the share under intestacy, with a dov left to descendants is below £500k (including £175k rnrb 2nd property left to descendant). Then a PA1A will suffice ? There is a question in the calculator which causes some doubt...
"Have they left all assets to a surviving husband, wife or civil partner?" Does this mean assets above the nil rate band?
Thankyou!

[Pezza54]

Yes it does mean all assets, regardless of NRB, if left to a surviving spouse or civil partner
PA1A asks if the any transferable NRB is being claimed. It does not mention RNRB or TRNRB
If you need to claim this (£175k x 2) please telephone the IHT helpline. There may be more forms to complete as RNRB and TRNRB has to be claimed separately

[Wyabcp]

Thanks so much , I think this is the answer now. There's only 1 x rnrb, and no trnrb. The form you mention for rnrb is the IHT435, and it requires information from the IHT400, plus other IHT forms, therefore it looks like we will need to fill the iht400 in.
many thanks

[sederunt]

If you need to claim RNRB it is not an excepted estate and a full account needs to be submitted to HMRC.

Sometimes it is better to gift than to pass by DOV, depends on individual circumstances.

[Wyabcp]

Thanks, ok I see, I was thinking it maybe best to make the most of the NRB (500k) before any gifting. But understand it is dependent on circumstances.