Filing on behalf of deceased, can we use the small estate affavidit that the court issued my husband and myself for my deceased daughter?

[ChelsiE2 · Accepted solution]

Yes.  You can use the small estate affidavit as legal right to file your deceased daughter's tax return. 

The IRS requires that the personal representative of the deceased be the one who files the final year tax return for that person.  If you have been granted a small estate affidavit, this qualifies you as being the personal representative.  

[ssandoval11]

Thank you, I suppose we have to file hard copy with a copy of SEA instead of efile?

[ChelsiE2]

@ssandoval11 You can actually e-file this return.  The first step is to make sure the Social Security Administration has been notified of her passing.  You can call them at 1-800-772-1213.
Then you may try to e-file this return.  If you receive an e-file rejection code, you can fix it by following the directions here: <a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1900092-e-file-rejection-errors-ind-018-and-ind-019-in-care-of-nam...>

Alternatively, you can file a paper copy of this return.

[coldpop]

Make sure you stay within the dollar limits for your respective state, also. You can find small estate affidavit limits for each state here: <a rel="nofollow" target="_blank" href="http://smallestateaffidavit.com/">http://smallestateaffidavit.com/</a>

[jfranklin03110311]

is this really true? I need to do both my parents that passed that were on medicaid living in a nursing home and had no assets.  they haven't filed since 2013 and they should have no refund and owe nothing because of nursing home cost.