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

[TurboLover2]

"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."

Two problems with this.

Problem #1

What happens if there isn't enough time to secure the right to represent the estate before the tax filing deadline.  If I can't even file an extension without having a court proceeding to appoint me executor, and I can't secure that authority before 4/18/23 then the filing will be late and there is nothing I can do about it.

Problem #2

If I get the authority to represent the estate before 4/18, then I don't need to file an extension, I can file the tax return instead.  I can easily complete the return by then.  But I think it is unlikely that I can be appointed executor by the court by then.  That process is extremely slow.

Note that completing this income tax return and distributing the assets of the estate are two different things.  Right now filing my mother's 2022 taxes is the most urgent matter.

There has to be an answer to this.  What happens if my mother had died one day before the return is due?  Obviously I wouldn't be able to get a court action in time even if I was cold enough to care about that the day my mother died.

[TurboLover2]

Thank you MarilynG1 but the issue is not about how to file an extension, I know how to do that.  The issue is that I don't know if I have the legal authority to file it or if I can obtain that authority in time to file it.

[JulieS · Accepted solution]

Yes, since you are named as both the trustee and the executor in her will, you can act as the personal representative, even though you have not yet been court appointed.

The IRS defines a personal representative as,  "an executor, administrator, or anyone who is in charge of the decedent's property." 

A personal representative can file the decedent's tax return, pay tax due or receive a refund on behalf of the estate. 

In the section titled, Your personal info look for the question, "I'm preparing this return for a Taxpayer, who has passed away." Once you answer that Yes, you will be asked for the date.

After that, continue with the return in the regular way, entering income, deductions, etc.

If Form 1310 is required, you will be prompted to answer a few questions about that near the end of the interview. Form 1310 is used to provide information about your right to claim a refund on behalf of the decedent. 

Click here to learn more about being a personal representative.

 I am very sorry for your loss. Don't hesitate to reach out again if you have more questions.

[TurboLover2]

Thank you JulieS.  Your answer was encouraging and helpful.  It was particularly helpful in describing exactly where to find the place to let TT know you are filing for someone else who is deceased.  I am not yet sure whether I will file with TT electronically, on paper, or not at all and let my CPA prepare the return to give to me, but if I go with TT, this will be helpful.

Of course I will also have to find out whether New York gives me the same authority to file for my mother as the IRS does.  Have no clue what they require for the state tax return.

I plan to have a talk with both a CPA and an attorney I use for the trusts before filing these returns to discuss this and other matters.  What I do will likely be based on their advice and I am hoping it agrees with your interpretation of what the IRS wrote in the link you provided.  It seems like it would be a relatively easy solution if I don't have to rush to try to squeeze in a court procedure with so little time left.  Like losing your mother and having to go through tax filing season at the same time isn't enough to trigger a heart attack without having to throw lawyers and courts into the mix.

Thanks again to you and all who replied.  Appreciate it.

[TurboLover2]

JulieS

Thank you again for this information.  It was exactly correct.  I found the place in TT to do this.

But I have a concern.  Now that I have specified that the return is for someone who is deceased, am I going to be able to eFile it normally through TT or when I try to do that is it going to not let me eFile it and will TT say that I have to file it on paper?

If you don't know for sure, please say so and don't guess so I can try to find an answer elsewhere.  Thanks again!

I think someone would have to have actual experience doing this to know the answer... or maybe work for TT and be familiar with this specific situation.

And that brings up another question.  Is there any way to actually ask a TT employee this question?

[MarilynG1]

No, you will need to mail in the return for your deceased parent, since a signed Form 1310 will be included. 

Click this link for more info on Filing Form 1310.

@TurboLover2

[TurboLover2]

Thank you for your reply MarilynG1.

However I do not expect to file Form 1310 since no refund is expected.  I expect that additional taxes will be owed for both federal and NY State when the returns are completed.

If there is no Form 1310 filed and no refund due, does that mean that both the Federal and NY State tax forms can be Efiled normally with TurboTax?

[BrittanyS]

Yes, the IRS will allow tax returns for deceased taxpayers (decedent returns) to be e-filed.

Before you e-file the return, notify the Social Security Administration about the taxpayer's death.  To inform the Social Security Administration, visit their website or call 1-800-772-1213.  

Many states also allow decedent tax returns to be e-filed.  TurboTax will inform you when you get ready to e-file the state return.

@TurboLover2 

[Critter-3]

Just FYI, anybody can file an extension for any reason for anybody since it's an unsigned form. You can get the 4868 right off the IRS website along with the instructions and as you will see at no point does anyone have to sign the form.

However if you expect to have a balance due on the 1040 when it is eventually filed an estimated payment should be sent with the form 4868 and filed by April 18th 2023.

[Critter-3]

Fyi, you will probably be able to efile the 2022 return for the decedent however you'll have to mail in the 2023 final return.

[TurboLover2]

Thank you for that info Critter-3.

I have filed extensions before but was not aware that anyone can file them for anyone.  I will look into that.

I am hoping filing an extension isn't necessary since I don't need any extra time to prepare the return.  But great to know if I have to do that as a last resort.

As to the payment due, I should know exactly how much is due well before April 18th, so yes, of course I will make sure it is paid whether I file an extension or not.

Thank you again for that helpful info.

[TurboLover2]

Yes, if I have to mail in the 2023 final returns its no problem.

From everything I have heard I can Efile the 2022 returns so that is what I plan to do.

I would still like to be sure that TurboTax is going to accept them for Efile with the deceased designation on the returns so I don't have a last minute surprise when I try to Efile them.

Someone working for TurboTax definitely knows the answer to that.  But  I am not sure how to reach them.

[TurboLover2]

I can confirm that TT will NOT let you Efile the return if you need to file Form 1310.  It tells you that you will have to send the returns by mail when you run the final check in the program.

I ASSUME that if form 1310 is NOT being filed that you can still Efile as "Personal Representative" for the deceased.  But I won't know for sure until I try it.  So I will try to file at least a few days before the deadline to make sure I have enough time to send it on paper if Efile is not accepted.