topic Re: Decedent 1040 in Get your taxes done using TurboTax

Decedent 1040

GuySC123 — Tue, 10 Mar 2026 04:55:51 GMT

My dad's surviving spouse file joint 1040 without me signing (the PR). This counted as his final return but I have no idea what was in it, other than it was a refund that she got.

I also haven't submitted a IRS 56 for the decedent yet. Do I still need to submit this IRS 56 even though she filed?

Also, When I go to submit a 1041, could this cause potential issues with her doing the 1040 without me signing for my for dad?

Re: Decedent 1040

Critter-3 — Sat, 07 May 2022 22:06:06 GMT

The surviving spouse did not need your signature or permission to file a final joint return form 1040 with their deceased spouse.

If he had an estate that had income (after his passing) that needs to be reported on a form 1041 then you can get an EIN for the estate and file that return ... it has nothing to do with the personal return. Seek local professional guidance if you are unsure of what you are responsible to handle.

Here is some general information :

https://www.irs.gov/taxtopics/tc356

https://www.irs.gov/publications/p559

Re: Decedent 1040

GuySC123 — Sat, 07 May 2022 22:25:21 GMT

I hope that you are right and that the IRS won't mind.

What has me worried is their help topic says this on the first bullet, using the word MUST.

One CPA. I spoke with said no problem. Another said that I should have signed it. So that's why I came here to ask you guy

If there's an appointed personal representative, he or she must sign the return. If it's a joint return, the surviving spouse must also sign it.
If you're a surviving spouse filing a joint return and there's no appointed personal representative, you should sign the return and write in the signature area "Filing as surviving spouse." A surviving spouse can file joint returns for the taxable year in which the death occurred and, if the death occurred before filing the return, for the taxable year immediately before the year of death.
If there's no appointed personal representative and there's no surviving spouse, the person in charge of the decedent's property must file and sign the return as "personal representative."

https://www.irs.gov/taxtopics/tc356

Re: Decedent 1040

fanfare — Sat, 07 May 2022 23:08:16 GMT

strictly speaking the Executor has to sign as well as the surviving spouse.

But since IRS approved the tax return there is no issue and nothing for you to do (unless she filed fraudulently).

you would not file Form 56 or any other forms.