Form 56, Authority for non probate executor

[arnermd]

Hello,

I filed a final tax return for my deceased mother who passed on August 2021. 

• The estate did not go through probate as it was not required and I am named executor in her will which is valid. 
• I used Turbotax and the return included Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
• The IRS sent me a letter (5071C) requiring me to verify my identity through Id.Me.  Seemed like a reasonable request so I did so.
• Waited for the refund for 12 weeks, "wheresmyrefund.com" indicates the  return is till being processed.  So I called.  The agent told me I needed to file form 56.  How I am supposed to know this I do not know, they never contacted me requesting this form and no IRS instructions I have found to date indicate I should file form 56 with a decedents final return.

Questions:

1. Am I required to file form 56?  The IRS seems to think so....
2. How do I complete section A : Authority, options are:

a Court appointment of testate estate (valid will exists)

b Court appointment of intestate estate (no valid will exists)

c Court appointment as guardian or conservator

d Fiduciary of intestate estate

e Valid trust instrument and amendments

f Bankruptcy or assignment for the benefit or creditors

g Other. Describe

• a-c does not apply as I have not been appointed by any court.
• d does not apply as there is a valid will
• e does not apply as there is no trust instrument
• f does not apply as there was no bankruptcy
• That leaves g....  is that the correct answer?
  • Description is:  Named executor in a valid will for the deceased?
  • Do I need to provide a copy of the will?

I tried calling the IRS for help with form 56 and the live person who was directing my call directed me to a recorded message that said the IRS does not answer questions on this form, use the website.....  How's that for customer service....

Any guidance on this would sure be appreciated....

[Anonymous_ · Accepted solution]

You should seek guidance from a local tax professional if the refund is substantial.

Otherwise, you can return the letter along with Form 56. You might also want to include a copy of the previously filed Form 1310.

[Anonymous_ · Accepted solution]

Also, you can use (g) and your description should suffice:

Named executor in a valid will for the deceased

You can also include your relationship.

Note: Expect the time for processing to be extended.

[rls55]

Did the line g solution work for you? Did you need to provide a copy of the will?  I have a similar situation.

[arnermd]

It did work eventually....  took a long time to get the refund.  As best i recall I did not have to mail in a copy of the will.

Sorry for your loss.

[rls55]

Thank you for this information. Very helpful!