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Level 4
March 22, 2022
Question

Confounding terminology - 'Personal Representative' and address aspects.

Apparently, 'Personal Representative' can have different meanings, one referring to court-appointed and one not?  It's also confusing as to whether or not a family member should put their address on a deceased's final 1040 so that in theory any future correspondance intended for the decedent goes to the family member's address. Is a family member within their right to do so and would the return be processed - or rather cause problems (especially if the decedent had the same filing address for decades). 

 

Feedback from anyone having first-hand experience would be appreciated.

17 replies

fanfare
Level 15
March 22, 2022

Generally, if you have papers, but there was no Will, you are Administrator.

(At least, in NJ, that's how it is.)

Practically, if you are the representative, it doesn't matter.

 

Anyone who will take it on can be the personal representative.

SentinelAuthor
Level 4
March 22, 2022

Thanks.  No wonder the average person ends up confused, worse yet when having to deal with a family death.

 

Alumni - Intuit
March 24, 2022

@Sentinel  In IRS terms the personal representative is the person representing the deceased.  If you are signing on their tax returns and representing their final matters before the IRS the the personal representative takes all the necessary responsibility for the final duties.  In most cases that person is either court appointed or a family member.  

 

Either way there is no problem with changing the address on someone's final tax return.  A date of death is included and printed at the top of the page for the IRS to see it and they understand that they are no longer corresponding with the deceased.

 

Here is the IRS discussion of personal representatives.

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