Deceased Parents with no Will

[David581]

My wife's parents passed in November of 2023.  There is no Will, no executor or personal representative.  I'm trying to file their 2023 return but it appears I'm not allowed to file until an executor or a personal representative is assigned.  Is it true I'm not able to file their 2023 return or file an extension before an executor or a personal representative is assigned?  They are due a refund.

[M-MTax]

Is your wife in charge of her parents' property? IRS Publication 559 

A personal representative of an estate is an executor, administrator, or anyone who is in charge of the decedent's property.

[BillM223]

These rules vary from state to state, so we strongly encourage you to contact an attorney in their state (not yours) who is familiar with the passing of property from one generation to another.

As for the tax return, M-MTax's answer will likely prove to be correct for the tax return, but you will have 101 other issues to sort out, so you will need legal help, which we do not provide on this forum.

[David581]

There is nothing in writing but her sister is handling things.  There is no property just some funds in a savings account.

[M-MTax · Accepted solution]

If there is no will or other testamentary document and the only property is cash in a bank account then her sister should file the return if she's already "handling things". 

[David581]

Thanks for getting back to me.  I'm not sure which one to check in TurboTax for the below question...

Does the deceased have a certified personal representative?

1) Yes.  I am the court-appointed or certified personal representative 

2) No. The court has not and will not appoint a certified personal representative

3) The court has appointed someone else as the certified personal representative

The court hasn't appointed anyone but they may appoint her sister.  I forgot there is a life insurance policy besides the cash in a bank account. 

[M-MTax · Accepted solution]

For the 1310, you would mark "no" as to whether a personal representative was appointed by the court and then "yes" as to whether one will be appointed. Is this in probate or not?

[David581]

It's not yet in probate.

[Kinickinic]

My mother died in 2021, also without a personal representative.  I filed her taxes with no problem.  I used TurboTax to do so.

[fanfare]

for best results your sister should visit the county Surrogate's Office, to become Administrator of the Estate.

Then she can proceed with authority.

.It's not complex, unless you or some other related person oppose her appointment, then it would get nasty.

You don't need an attorney.

@David581 

[M-MTax · Accepted solution]

for best results your sister should visit the county Surrogate's Office...

You must live in a state that has one like NY or NJ?....most do not. It's probably not even necessary with the facts @David581 posted.

[fanfare]

Yes I live in NJ and it is easy to avoid probate, even without a trust.

[M-MTax]

Yes I live in NJ and it is easy to avoid probate, even without a trust.

Yeah, that was my point; not everyone lives in NJ.

[David581]

They actually lived in NY.