Do I need Grant of Probate to file the IT38?

C

Catman

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Do you need the Grant of Probate to have issued to do the it38/file your return for inheritance tax?

If not, what is the timetable for filing supposed to be?

If for example, death was 1 April 2015, date of valuation of family home (only asset ) was June 2015. Could this valuation be used next year?
In other words, how proximate (in actual months) do the dates have to be, and which are the relevant ones?
Is it death and filing or is it valuation date and filing?

What if it isn't filed for several years? What happens?
Thanks.
 
More detail on the revenue.ie website... but in summary this is what it looks like (dates are made up of course)

Date of death 5th May 2015
Executor starts work on the necessary documentation
Grant of probate 10th July 2016
IT38 pay and file by 31st October 2016.


Another scenario
Date of death 5th May 2015
Executor starts work on the necessary documentation
Grant of probate 10th November 2016
IT38 pay and file by 31st October 2017

Now what I can't exactly remember is the cut off date by which the deadline rolls over to the nex year. In my head I'm thinking 31st August, but I could be wrong.

If you don't file by the dead line there's interest to be paid, but there's little advantage to paying ahead of time.
 
Ok, thanks! So basically we do need the grant of probate. That's a pita, because solicitors haven't done it so now we'll have to wait for it, in a rising property market . We're going to end up paying more because of theirlaziness
 
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