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Survivor tax filing questions

Background - 

Sibling passed away earlier this year. I am named beneficiary/executor of Will as well as Retirement accounts which were rolled over so I haven't needed to invoke Will or create an Estate. Bank account had already been closed prior to death.


I filed 1040 and was directed to file 1310 by Turbo tax. Since there was no Estate and hence no EIN, I put my bank info on 1310. I received refund check from State in the name of Estate of Deceased but since it’s a very small amount, I don't plan on depositing it this year or even after next year's final tax return.


Federal refund check hasn't arrived yet but a letter from IRS has saying- "Refund not processed yet". It too will be a very small amount so I don't plan on depositing it this year or next year. 


Questions - 


1) Do I need to send an amended 1310 after going through the SS-4 etc. process to establish an Estate bank account just so IRS can issue a refund? I am trying to avoid that for small sums, due to major family health issues on multiple fronts.


2) For Final Tax Return - it will only be a W2, couple of 1099s with small interest amounts. 

     a) These W2/1099s will have SSN correct (since there is no Estate/EIN, there being no need)?

     b) Is there a way to specify in Turbo tax that it is a final tax return?

     c) So does the filing have to be 1040 Estate or can it be 1040 individual? 


Am I missing anything? Anything I need to do specially or keep in mind?


Many thanks

6 Replies

Survivor tax filing questions

A few (basic) comments and I am sorry for your loss:


A federal estate income tax return (1041) will not be required unless the estate has income of $600 or more.


See https://www.irs.gov/instructions/i1041#en_US_2022_publink1000285942



The 1310 should result in the check being made payable to you, as personal representative.


Depending upon the financial institution, you may not be able to deposit the check that is made payable to the Estate in your personal account.


You will most likely have to print and mail the final return for your sibling next year as the SSN will be locked, but you can indicate that your sibling passed prior to the filing of the return in the TurboTax program.



Survivor tax filing questions

Thank you so much!.

Losing sleep over all the ins and outs and want to make sure I am getting it right.


There is more than $600 income. Hence an EIN number via SS-4 is required, correct, just confirming? I haven’t filed for one yet. Will then choose to not to open a bank account with the EIN to deposit any refund checks.


Does the closed bank and the employer need to be provided the EIN or is it OK if the W-2 and 1099 are sent with SSN?


Do I also need to file form 56 along with 1040 Estate/1310? I can't figure out what I could possibly fill in it?

Survivor tax filing questions

It is the estate that is required to file a return (Form 1041) if the estate has income of $600 or more (not the decedent - income earned and received prior to passing should typically be reported on the decedent's 1040).


It is a good idea to file Form 56 with respect to any filings to be made on behalf of a decedent or entity (such as an estate or trust).

Survivor tax filing questions

Really appreciate your patience, don't mean to be a nuisance but I wasn't clear.


All of the $600 plus income was earned prior to death (wage/bank income interest).  Hence W2/1099 will have SSN. In this scenario - I don't need to go thru the SS-4 process to get EIN and file 1041 correct?


Like I did for tax year 2022, I can still file 1040/1310. Thanks again

Survivor tax filing questions

earned and received before death goes on 1040. earned but received after death depends on who/what gets it. for example, a paycheck for work done before death but issued afterwards goes on the 1041.



Survivor tax filing questions

@LostInTax wrote:

Like I did for tax year 2022, I can still file 1040/1310. Thanks again

Yes, and you do not need to file a 1041 unless the estate received income of $600 or more.

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