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!