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Form 56, Authority for non probate executor
Hello,
I filed a final tax return for my deceased mother who passed on August 2021.
- The estate did not go through probate as it was not required and I am named executor in her will which is valid.
- I used Turbotax and the return included Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
- The IRS sent me a letter (5071C) requiring me to verify my identity through Id.Me. Seemed like a reasonable request so I did so.
- Waited for the refund for 12 weeks, "wheresmyrefund.com" indicates the return is till being processed. So I called. The agent told me I needed to file form 56. How I am supposed to know this I do not know, they never contacted me requesting this form and no IRS instructions I have found to date indicate I should file form 56 with a decedents final return.
Questions:
- Am I required to file form 56? The IRS seems to think so....
- How do I complete section A : Authority, options are:
a Court appointment of testate estate (valid will exists)
b Court appointment of intestate estate (no valid will exists)
c Court appointment as guardian or conservator
d Fiduciary of intestate estate
e Valid trust instrument and amendments
f Bankruptcy or assignment for the benefit or creditors
g Other. Describe
- a-c does not apply as I have not been appointed by any court.
- d does not apply as there is a valid will
- e does not apply as there is no trust instrument
- f does not apply as there was no bankruptcy
- That leaves g.... is that the correct answer?
- Description is: Named executor in a valid will for the deceased?
- Do I need to provide a copy of the will?
I tried calling the IRS for help with form 56 and the live person who was directing my call directed me to a recorded message that said the IRS does not answer questions on this form, use the website..... How's that for customer service....
Any guidance on this would sure be appreciated....
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Get your taxes done using TurboTax
You should seek guidance from a local tax professional if the refund is substantial.
Otherwise, you can return the letter along with Form 56. You might also want to include a copy of the previously filed Form 1310.
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Get your taxes done using TurboTax
Also, you can use (g) and your description should suffice:
Named executor in a valid will for the deceased
You can also include your relationship.
Note: Expect the time for processing to be extended.