Executor disposal of probate property

Hello,
Please can you clarify the following four items:
1). Is it mandatory to report CGT when the executor of the deceased's (excepted) estate, having received grant of probate, sells the deceased's only residential property within the administration period and:
a). the total CGT gain is less than or equal to the CGT annual exempt allowance and:
b). the proceeds of the sale are greater than £50,000 and:
c). the executor does not normally file self assessment tax returns and is a basic rate taxpayer.
2). If mandatory, which CGT reporting process should the executor use to inform HMRC there is no CGT to be paid and within which timescale, following completion of the sale of the deceased's property e.g. Capital Gains Tax on UK property account?
3). Whether the probate fee, solicitors fees and estate agents fees itemised with the sale of the deceased's property can all be used as deductions when calculating the total CGT gain?
4). Are the deductions listed in (3) above in addition to those deductions specified in 'Statement of Practice 2 (2004) Expenses incurred by personal representatives'?
Thank you.

Hi BuddFox
HMRC is unable to provide specific or tailored advice through the Online Community Forums and cannot comment on any form of calculation, example or scenario as we may not be in possession of all the relevant information. 
The HMRC Customer Forum is for general queries only and is intended to help our customers self-serve. We are unable to provide financial advice or further interpretation of the guidance provided on GOV.UK.
Please see the guidance at: 
Trusts and Capital Gains Tax (Self Assessment helpsheet HS294)  
ensuring that you look at the year that you are concerned with.
For further information, please contact the trust and estates helpline Trusts.
Thank you
 

Hi, in his will I was made executor of my fathers estate following his passing last May24. I was able to take early retirement nearly two years ago and therefore on low personal pension income. When we finally completed sale of his house on 25th March 25 there was a £22k gain between the probate estimate and sale value. As executor am I expected to burden the full consequential CGT or can this be shared with my 3 brothers who will inherit equal share of the sale? And as executor and presumably have to report the CGT under ESTATE do I really only get £1500 tax allowance rather than the 24/25 £3000 allowance.

Hello, Thank you for the update, however this post is not about a trust and only seeks clarification of existing HMRC criteria pertinent to the reporting of CGT following the disposal of the deceased's residential property by the executor of the estate. Question: Should this post be redirected to the 'Others' forum or sent to the Estates & Trusts team at HMRC? Thank you.

Hi DekAstral Stephens,
If you and your brothers were named beneficiaries of the property in your late fathers will, then each beneficiary will need to work out their capital gains liability on their share of the disposal.  
There is a calculator at:
Tax when you sell your home, which leads on to registering for a capital gains account.  
If no-one was named as beneficiary in the will, then the estate is libiable to pay any capital gains tax and the balance can be distributed.
Thank you.
 

Hi ,
 

If there is no capital gains tax liability arising from the disposal, there is nothing to report to HMRC.

Thank you .