Can I deduct expenses and taxes related to getting my house back in my name though the probate?

[Mike497]

my wife passed away and last year I had the house back though probate. I had to pay court fees and lawyer fees; I would like to know if i can deduct those expenses.

[ColeenD3]

Legal fees incurred in the administration of a decedent's estate may be deducted from the decedent's gross estate as an administrative expense on Form 1041, line 14.

[Anonymous_ · Accepted solution]

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@Mike497 wrote:
my wife passed away and last year I had the house back though probate. I had to pay court fees and lawyer fees; I would like to know if i can deduct those expenses.

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I am sorry for your loss, but you cannot deduct those expenses on your individual income tax return (Form 1040).

See https://www.irs.gov/publications/p529#en_US_2019_publink10004563