Probate Not complete

Forum|Forum|9 months ago
September 17, 2025
1 reply
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My father died in February of 2024. I am named executor but probate is not complete and I don't have authority from the court to request tax documents. What do I do about is 2024 return? I filed an extension till October but I don't think we will be going to court before the deadline

Ask the Experts - Extension III - Sept 2025

vithalanin

Employee Tax Expert

As you have been named as the executor in your father's will but do not yet have court-appointed authority, you are considered the "personal representative" by the IRS. You can prepare and file his 2024 tax return.

See if you can get the info from the financial institutions.
You can also request a transcript from the IRS by using the Form 4506-T. In order to receive the transcripts by mail at your address, you will need to file Form 8822 for your deceased father. This can take 4-6 weeks to process. So first you will file Form 8822 for him. once this is processed, you will mail in the Form4506-T.
You will then prepare his tax return. On the top of the Form, you will write deceased and sign and write "personal representative".
Please keep in mind the IRS tax return transcript and wage and income transcript will not have information on the state taxes paid.

In order to claim refund you will need to file Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer, with the return.

Check Box C. On Form 1310, check Box C, as a court-appointed representative has not been named yet.
Complete Part II. Answer the questions in Part II of Form 1310. This confirms there is no court-appointed representative and that you will pay out any refund according to state law.
Attach a copy of the death certificate.