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Can I file a return for a deceased person?

My children’s father passed away in September 2023. He claims 2 children. How do I file for his return?
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4 Replies

Can I file a return for a deceased person?

If you are the personal representative, your basic duties with respect to filing are listed at the link below.

 

https://www.irs.gov/publications/p559#en_US_2022_publink100099488

 

Note that a personal representative is an executor, administrator, or anyone who is in charge of the decedent's property. 

Can I file a return for a deceased person?

A tax return for the decedent has to be filed for tax year 2023, the year of passing.  Are you related to the decedent?

 

See this TurboTax support FAQ for forms needed for filing a decedent's tax return - https://ttlc.intuit.com/turbotax-support/en-us/help-article/tax-forms/forms-need-filing-tax-return-s...

 

See this TurboTax support FAQ for a Form 1310 - https://ttlc.intuit.com/turbotax-support/en-us/help-article/import-export-data-files/file-form-1310-...

Can I file a return for a deceased person?

You may also want to consult with a local tax professional for this matter.

 

See https://taxexperts.naea.org/expertdirectory

Can I file a return for a deceased person?

First and most importantly, you must be the person recognized under law to be the personal representative of the person who died.  (The executor of their estate.)  If they have a Will, the Will will specify who takes that role.  If there is no Will, and if you are not married, that role may automatically fall to another next of kin, such as a parent, sibling, or adult child.  Before you can do anything else, you need to find out how the laws of your state handle the affairs of people who die without a will (intestate).  If you aren't the official representative of the deceased, you might be able to apply to the court to be named as the representative.  If there are other family members, and if they don't agree with your claim, the court will handle that dispute and assign someone.  

 

Whoever the personal representative is (whether designated by the laws of your state or by a court)-- that is the person who files the final tax return.

 

Then, even if you are the representative, you might only have the job of tidying their affairs, and not actually be entitled to the money.  If you aren't married and there is no will, the laws of the state might specify that their money goes to their children only, and not to you.    Lastly, before any money can be paid to the heirs, all legal debts of the person must be settled; if they owe more money than they have in the bank, any tax refund would go to pay off debts instead of going to you or the other heirs.  

 

I suggest you consult an attorney in your state to clarify what your rights and responsibilities are, especially if there is no written will.  

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