Form 56 and Final 1041

Forum|Forum|3 years ago
April 14, 2023
4 replies
25 views

My father's probate case is closing soon. I am his administrator and sole heir. I've filed the initial Form 56 and the first 1041. When probate closes, I will be released from my duties as administrator. That poses a problem with Form 56, since I would no longer have the court appointed authority to act on his behalf. I would still need to file the final 1041. Am I making this too difficult? You'd think that as his daughter and only heir, I would have enough of a fiduciary relationship to satisfy the IRS.

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DianeW777

Level 15

You do have enough of a fiduciary relationship to satisfy the IRS. File the final 1041 and then you have completed your responsibilities. All income should transfer to your tax return through the K-1 and it is finished. Be sure to make the 1041 as the final return and you're all set.

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trudgingalongAuthor

Level 3

Thank you for responding so quickly. I thought this was probably how it would go, but really didn't want to take any chances.

Anonymous_

Level 15

@trudgingalong wrote:

Am I making this too difficult?

Yes, you are.

The estate continues to exist until the final distribution is made to the heirs and other beneficiaries and, as a result, so does your fiduciary relationship.

trudgingalongAuthor

Level 3

Thank you for taking the time to reply. I'm really good at overthinking things. It would help if the IRS booklets were a little clearer in the fine points. I think they assume everyone is either a lawyer or a tax professional. They all seem to fall into the "why should this be simple?" category.