How to Efile a TY2022 income tax return for deceased person with TurboTax?

[TurboLover2]

My mother passed away in February 2023. She owed taxes for tax year 2022 and I was about to use TT to prepare her tax return as I have for many years. But she is deceased, so now she cannot sign.  I don't know how to proceed.

It is NOT her FINAL tax return because I will also need to file a return in 2024 for tax year 2023 (that will be her final return).

Even though she has a will appointing me executor, almost all of her estate is in trust for which I am trustee. There won't be enough time to have a court appoint me the executor to meet the April 18, 2023 filing deadline for TY2022. I know I can file an extension, but would like to avoid that if I can.

Is there any way I can properly file her TY2022 federal tax return using TurboTax this year and sign for her? If so exactly how?

I also will need to know the answer for her New York state tax return for TY2022, but if you can answer either, please do.

I have always prepared her return and helped her file using TT in the past.  The only difference this time is that she is unable to sign, so I will have to be able to sign for her. But don't know if that's possible with TurboTax at all or without being appointed executor. I saw something about being able to sign as "Personal Representative."

Any accurate information about this will be appreciated as time is running out.

Thank you.

[skrobbins1]

Fill in information as you normally would if you file an individual 1040 return but show the date she died. Turbo Tax will fill in that information at the top of the form. You will sign for her and put your name and phone number.

I hope this answers your question.

[MonikaK1]

Please see this TurboTax tips article and this help article for more details regarding filing a return for a deceased person. In the Personal info section of TurboTax, a question appears asking if the person for whom the return is being filed has died.

Upon the death of a taxpayer, a new taxpaying entity—the taxpayer's estate—is born to make sure no taxable income falls through the cracks. Generally, income is taxed either:

• on the taxpayer's final return,
• on the return of the beneficiary who acquires the right to receive the income, or
• on the estate's or a trust's income tax return, if the estate or trust receives $600 or more of income.

The filing of the deceased taxpayer's final return usually falls to the executor or administrator of the estate, but if neither is named,  then the task needs to be taken over by a survivor of the deceased. The final return is filed on the same form that would have been used if the taxpayer were still alive, but "Deceased:" is written at the top of the return followed by the person's name and the date of death. The deadline to file a final return is the tax filing deadline of the year following the taxpayer's death.

I am sorry for your loss.

[Edited 03/03/23| 4:29pm PST] (edited)

@TurboLover2

[TurboLover2]

Thank you for your response and condolences.  Appreciate it.

Where do you enter the date she died so that TT puts it on top of the form?  Does TT ask for it or have a place to enter it somewhere?

Also where do I enter my name and phone number so that TT puts it in the right place?  If I eFile I don't physically sign so how can all that information be entered to make sure it is there and in the right place when it is eFiled?

I have TT Deluxe for 2022.

[SEACFO]

First, I'm sorry for your loss.

As far as filing Federal tax returns are concerned, this all depends upon which state you are living in.  We need to first qualify you as Legal Executor.  If you have already done this, and you are qualified by her Will and state statute, you needn't concern yourself with Probate Court proceedings.  If your mom had no lawful spouse upon her passing, you could certainly proceed on your own without State intervention.  If the estate is substantial or complex by your measure, you may consider representation unless there are no other beneficiaries or simply if you do not wish to take this task upon yourself.  You shall file her return as normal and not denote as this would be her last filing.  As long as she was living through 11:59pm in your time zone on 12-31-22, she (you forward) would file as usual.  When you file her 2023 return, which you can do at the beginning of next year (2024), you will file 2023 as the last return.

If you are indeed your mom's executor and am also a survivor with inheritance potential, please be extra careful with your records such that another surviving beneficiary cannot challenge your actions.  This is where Probate Court protections become beneficial.  I wish you the best.

[TurboLover2]

Thank you also MonikaK1.

Yes, I have seen what you posted.  But it still leaves me with a lot of questions.  Almost everything I read about filing a return for a deceased person including this is about a "final return."  But since this is not a final return, the answer may be different.

But thank you for posting this anyway.  I will review it again to see if it can help.

[SEACFO]

You will not file 2022 as your mother's final return.  File as normal.  Her 2023 return shall be her final return as long as she has qualifying income for 2023 as responder MonikaK1 respectfully defined as $600 or more.  Hope this helps.

[TurboLover2]

My mother passed just days ago.  I don't think I am legal executor in New York where we are until a court says that I am.  So I don't think I can sign as executor even though the will names me until there is a court proceeding.

Sounds like I will have no choice but to immediately get an attorney... something I was hoping I could put off for at least a while and file the TY2022 tax returns first.

[TurboLover2]

Thank you SEACFO.

You wrote: "You will not file 2022 as your mother's final return.  File as normal. "

Yes, I can file as normal.  But who signs the return and how?  That is my only problem.  Filling out the return is straightforward.  But don't know how to sign it.

[SEACFO]

If you are unsure that you possess the legal rights to represent the estate of your mom, please do not move forward.  This advice is for your own sake.  If your mom resided and passed in a different state than you reside especially.  Do not feel you are in a hurry to close the estate.  I've processed estates years after the passing of the individuals.  Follow the law of the state SHE resided within.  An attorney may assist with this determination if you have any concerns.

[TurboLover2]

Thank you SEACFO.

Yes, I would never sign a tax form unless I was sure I had the proper authority to do so.

My mother passed in the same state we both live in.  New York.  So that is not an issue.

I may try to give the IRS and NY income tax authorities a call as a last resort to get an answer to this, but I understand that even if you can reach them they often give you the wrong answer anyway.

Doesn't look like TurboTax will be able to handle it this year because of this signing problem.

Doesn't look like TurboTax will be able to handle it this year.

I am afraid I will have to get an attorney now because there is no clear answer here.  I am not in a rush to settle the estate, I expect that to take years.  But the 2022 taxes can't wait so I will have to get an answer now.

[SEACFO]

The Deluxe version allows for filing of multiple returns.   This is true ONLY if you have the Desktop version whereas you can file for up to 5 individuals.  BEFORE you do this (act upon their behalf), please confirm you possess the right to do so under State law.

[TurboLover2]

Yes, I have the desktop edition.  I have been filing multiple returns every year using that.

I know I have the authority to file for my deceased mother if I am appointed executor by the court in NY.  What I don't know is if there is any way I can do it without being appointed by the court.

I am appointed executor in my mother's will so I know the court will make it official.  But I don't know if there is any way I can file the return for her without that court appointment first.  And I can't stand the thought of having to rush into getting that done when she is gone just a few days.  But looks like I have no choice.

[SEACFO]

Once you determine you have the right to represent the estate, you can file an extension for the estate.  This will buy you needed time to begin the process of settlement. 

[MarilynG1]

Type 'extend' in the Search area, then 'Jump to extend' to prepare an Extension of Time to File (Form 4868).  

Here's more details on How to File an Extension in TurboTax Desktop. 

Sorry for your loss.

@TurboLover2