Dead taxpayer - who signs?

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  • JenMO
    Senior Member
    • Apr 2007
    • 974

    #1

    Dead taxpayer - who signs?

    Father dies, no pers rep, estate too small, but there is tax due. I know IRS will take the check whoever sends it, but how should the return be signed? Can I efile with a daughter's signature? or whoever is in charge?
  • veritas
    Senior Member
    • Dec 2005
    • 3290

    #2
    From TTB via the Web

    No court-appointed representative. When there is no probate
    and no appointed representative, the IRS will allow a “person
    charged with property of the decedent” to file the decedent’s income
    tax returns and claim refunds. IRS written guidance does
    not specify who this person should be. If there is a surviving
    spouse, he or she usually files a joint final Form 1040 and any
    other required returns. If there is no surviving spouse, the person
    who files is commonly:
    • The trustee of decedent’s revocable trust,
    • The personal representative nominated in the will who would
    have been appointed if probate was required, or
    • One of the beneficiaries receiving nonprobate assets from the
    decedent who agrees to do the work.
    The IRS uses the term “personal representative” to refer to anyone
    filing for a decedent whether or not court appointed.

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    • JenMO
      Senior Member
      • Apr 2007
      • 974

      #3
      Thank you!

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