Is a Form 56 (Notice Concerning Fiduciary Relationship) required to be filed by a Trustee of a Trust?

[trust812]

It looks like I have to file two 56 forms, one for the Decedent and another for the Decedent’s Trust. Is that true? If so, when does it have to be filed by? Will filing them before or at the same time of filing the Deceased taxpayer’s 1040 tax return and the 1041 Trust Tax return meet the filing deadline? Thanks!

https://www.irs.gov/pub/irs-pdf/f56.pdf

https://www.irs.gov/pub/irs-pdf/i56.pdf

[M-MTax · Accepted solution]

File one Form 56 for the trust and another for the decedent. You can file them prior to filing the actual returns.

File a separate Form 56 for each person for whom you are acting in a fiduciary capacity. For example, if you will be filing the decedent’s final Form 1040 and are the executor/administrator of the decedent’s estate, file one Form 56 entering the name of the decedent as the person for whom you are acting and file one Form 56 entering the name of the estate as the name of the person for whom you are acting.

Form 56 Instructions 

[MaryK4]

Yes, you will want to file a Form 56 with the IRS as trustee.  You will need to file a separate Form 56 for the decedent and estate because they are separate taxpayers.

You can file the Form 56 with the tax returns.  You would have to file them earlier if you need to take any actions with the IRS before the tax returns need to be filed. (An example might be if you needed to contact the IRS for information on the taxpayer's account before the tax returns are due or if you need to file for an extension).

[trust812]

Thank!

[trust812]

Thanks!

[trust812]

@M-MTax  or @MaryK4  So when filling out  Form 56 in order to file my father’s final 1040 in Section A. Authority would I check “Court appointment of testate estate (valid will exists)”? 

On the internet I found the court docket for when the “Original Last Will and Testament was deposited” by my father’s Estate lawyer. In quotes was the exact description of the entry. Would I use that information in Part III Administrative Proceedings? 

In the case when I fill out another Form 56 for my father’s Trust, on the internet I also found under the same court docket number an entry titled “Acceptance of Trustee” as when the Will was filed by my father’s Estate lawyer. Bottom line is since the Will and Acceptance of Trustee were on the same day and had same docket number it looks like I can use this information on both the 56 forms in order to file my father’s 1040 and 1041 Tax Returns. Is that correct?

I am probably being too picky about all of this and maybe the IRS doesn’t care about all of this detail I described. LOL.

[M-MTax]

They really do not care, but you can use the information to which you referred in Part III.

[trust812]

@M-MTax  Thanks!

[aadro2]

I have a similar issue, although in my case the estate is small and will not go through probate.

So I have For 56 filled in, with 1(g) marked with "Named Executor of Estate that does not need probate."

But my question is: Is there a way to file Form 56 (and of course Form 1310) along with the TurboTax electronic return?

I am concerned that if I send the Form 56 by regular snail mail and then file the taxes electronically through TurboTax, then IRS will not match the two up readily and refunds will get more delayed than they otherwise would.

What's the best course of action in this case?  File everything by good old paper and snail mail this time, so that they are at least all in the same packet?

-Aadro

[DianeW777]

No, Form 56 is not filed electronically. It is a signature document so it is not required to be filed with the tax return and can be mailed by itself.

• Where to file paper returns with or without payment

If you liked you can file the Form 56 with the tax return in the mail so they are all together. The connection would be slightly delayed if you e-file and then Form 56 is mailed, however, if you are only filing an individual tax return for the decedent, you may not need Form 56. If you file a Form 1041 for an estate (only required if the income is $600 or more in 2024), then you would file Form 56 with that return.

@aadro2