Solved: My brother died before he filed. He does own a small home site lot but no investments and little money or other assets. .Do I have to file his return as an estate?
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My brother died before he filed. He does own a small home site lot but no investments and little money or other assets. .Do I have to file his return as an estate?

My brother had no wife or children and very little money or other assets.  He does own a small lot that is worth about $15000 (his total estate is about $20,000).  I was required to obtain an EIN to access his bank account because his company auto deposited his last check there.  The documentation that comes with the EIN said I have to include that number with his tax return but Turbo Tax Premier has no where to include that number.  should I just attach a copy of the EIN document along with the Court documents granting me personal representative status?

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My brother died before he filed. He does own a small home site lot but no investments and little money or other assets. .Do I have to file his return as an estate?

I'm sorry for your loss. If he had any income before he died, then you would report that income on his final individual tax return, if there was enough income to require a return. 

You would only need to file an Estate Tax Return if the assets he owned earned income after his death, and it  more than $600 in annual gross income (not the value of the property, the amount of income, like interest, dividends, etc). That's a separate form, form 1041, which is only handled by TurboTax Business. That's the form for which you'd need that EIN. Here's more information from the IRS about  Estate Tax Returns

Otherwise, you can file his personal return if you are the personal representative. You can file it using any TurboTax individual product, indicating that he is deceased and that you are filing for him.

You'd file his return the same way as if he was alive, but indicate that he is deceased and the date of death. If there is a refund due you would file a  Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer with the return.

TurboTax has a complete discussion of how to handle a deceased person’s return here.

Here is a link to information from the IRS concerning filing a final tax return for a deceased person.

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Employee Tax Expert

My brother died before he filed. He does own a small home site lot but no investments and little money or other assets. .Do I have to file his return as an estate?

I'm sorry for your loss. If he had any income before he died, then you would report that income on his final individual tax return, if there was enough income to require a return. 

You would only need to file an Estate Tax Return if the assets he owned earned income after his death, and it  more than $600 in annual gross income (not the value of the property, the amount of income, like interest, dividends, etc). That's a separate form, form 1041, which is only handled by TurboTax Business. That's the form for which you'd need that EIN. Here's more information from the IRS about  Estate Tax Returns

Otherwise, you can file his personal return if you are the personal representative. You can file it using any TurboTax individual product, indicating that he is deceased and that you are filing for him.

You'd file his return the same way as if he was alive, but indicate that he is deceased and the date of death. If there is a refund due you would file a  Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer with the return.

TurboTax has a complete discussion of how to handle a deceased person’s return here.

Here is a link to information from the IRS concerning filing a final tax return for a deceased person.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

View solution in original post

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