California Tax Return: Why am I asked to Enter Executor Information

[mcampbellcrockett]

After completing my Federal tax return, I continued to preparing my California tax return.  For the California tax return, TurboTax insists that the return is being filed for a decedent's estate and asks me to Enter Executor Information.

My wife did die last year; however, I am filing a married filing jointly return for 2019.  Why am I being asked to enter executor information?  Is this a bug in TurboTax?

My wife died intestate and the California Probate Court designated me as the Administrator of her estate.  As the Administrator her estate, I am required to file for the estate Form 1041 for Federal taxes and Form 541 for California taxes.  The estate's return will be filed under the estate's EIN not her SSN that is used on the last joint return.

[ReginaM]

I am sorry about your wife, 

The State of California says this about how to file if you lost your spouse:

You may file a joint return if:

• You’re a surviving spouse/RDP
• The decedent did not file a return
• You did not remarry during the same tax year that your spouse/RDP died
• The estate did not appoint an administrator or executor or there was not one appointed by the due date of your return

Because you were appointed as administrator of her estate, you can not file a joint return.

State of California - Filing for a deceased person

[mcampbellcrockett]

For Federal income tax purposes, I am permitted to file a joint return for the year in which my wife died using her SSN.  I am also required to file an estate tax return for my wife for the year in which my wife died using the EIN assigned to her estate.

For California income tax purposes, I am filing a joint return for the year in which my wife died using her SSN.  I am also required to file a California estate tax return for the year in which my wife died using the EIN assigned to her estate.

The joint return that I intend to file with the IRS and the California FTB does not contain any of the estate's income and permitted deductions.  As the California Probate Court appointed administrator of her estate, I will report this information on Form 1041 and Form 541.  These will not be joint returns.

Your response doesn't make sense to me.

[AmyC]

The estate return is filed in completely different software. CA has an unusual set of rules regarding the deceased which requires asking information about the estate. I am very sorry for your loss.

The state of CA says that you can file a joint return in most cases.

It is those unusual cases that the program has to watch out for. CA says:

Surviving spouse/RDP

You may file a joint return if:

• You’re a surviving spouse/RDP
• The decedent did not file a return
• You did not remarry during the same tax year that your spouse/RDP died
• The estate did not appoint an administrator or executor or there was not one appointed by the due date of your return

If you want to file your return joint, with no information, you must select, Yes, I am filing as surviving spouse and then hit continue without filling in anything else. I am not sure you qualify based on what you and CA say. Please double check your circumstances and the rules.

You can download the estate software.

You can also contact the CA FTB at (916) 845-3048 for concerns and questions.