When can you mark a return as “Final” during probate? I’m trying to close my Mom’s estate but there seems to be a Catch 22: Seems you can’t close an estate until the 1041 is filed, yet can’t file a ...
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When can you mark a return as “Final” during probate? I’m trying to close my Mom’s estate but there seems to be a Catch 22: Seems you can’t close an estate until the 1041 is filed, yet can’t file a "Final Return" until the estate has closed. Maybe I file the 1041 as “final” under the theory that the estate is not closed but “terminated”? The instructions to 1041 on p. 20 say a return is “final” if the estate is “terminated.” A Treasury Reg mentioned in another post mentions that an estate is “terminated” when all assets have been distributed except for small amounts left in accounts for contingencies 26 CFR §1.641(b). So to get this estate closed, maybe I can: (1) transfer most of the $20,000 to myself as the only heir, (2) leave a small amount in the account for contingencies and to keep it open so that I can deposit the upcoming $2,000 federal tax refund, (3) deposit the federal refund when it arrives and then transfer the remaining balance to myself as the final distribution, (4) then file a closing statement with the Arizona probate court. Facts: Mom died in April 2025. The estate is in informal probate in Arizona. I am the executor and only heir. The only property is $20,000 in the estate checking account made up of refunds owed prior to her death that I deposited as they came in. Mom will get a federal income tax refund on her federal 1040 return. All debts have been paid and the estate has been fully administered except for the transfer of the $20,000. There will be no interest earned in 2026 nor any other type of income. The estate had less than $600 income in 2025. So, officially a 1041 is not required. But I’ve also read in this community that the IRS will contact you unless there is a “final” return filed. Does this seem do-able to get the estate closed? Thank you.