Who Gets The Tax Refund of A Deceased Person? An Accountant Answers
Nash Riggins
November 17, 2023
|
The intelligent digital vault for families
Trustworthy protects and optimizes important family information so you can save time, money, and enjoy peace of mind
When someone you love passes away, it feels as if your world is standing still. Unfortunately, this isn’t true of their tax liabilities.
Even after someone dies, the IRS expects a tax return to be submitted on their behalf. Fortunately, you may also be able to claim access to the decedent’s tax refund if the IRS owed them anything at the time of their death. But there’s a particular process you’ll need to follow.
Read on to find out how to file the tax return of a deceased person, who’s responsible for their tax liabilities, and who gets their tax refund.
Key Takeaways
The responsibility for filing the tax return of a deceased person falls on the deceased individual's spouse or the executor of their estate.
Taxes owed by a deceased person are generally paid from the assets of the deceased individual's estate.
Once tax liabilities are paid, the IRS will pay a decedent’s tax refund into their estate.
Who's Responsible for Filing the Tax Return of a Deceased Person?
Before any tax refund is claimed, the IRS must receive a valid tax return on behalf of the person who’s died.
Generally speaking, responsibility over who must submit that return will depend on whether the decedent has a surviving spouse. That means if you typically file a joint return with your spouse and they die, you’re responsible for submitting all the relevant tax information about your spouse (prior to their death).
If the decedent wasn’t married at the time of death (or their spouse had already passed away), things get a little bit more complicated.
Alec Kellzi, a CPA at IRS Extension Online, explains:
“The responsibility for filing the tax return of a deceased person falls on the deceased individual's executor. They are legally appointed to administer the deceased person's estate and handle various financial matters, including taxes.
The responsibility for filing the return continues until the estate is settled, and all outstanding taxes are paid.”
Your executor (or “personal representative”) will normally be a relative or a trusted friend. You can appoint whoever you’d like to be an executor in your will.
But if you fail to name an executor (or die without a will), your estate will pass to a state probate court. From there, the court will appoint its own executor to assess your assets and submit any outstanding tax information to the IRS.
What Is the Process of Submitting the Tax Return of Someone Who’s Died?
Once an executor has been appointed (if necessary), the decedent’s tax return can be completed and submitted to the IRS.
According to the IRS, the rules and processes around preparing someone’s tax return work the same whether they’re dead or alive. You’ve got to download and complete IRS Form 1040, or if they were a senior citizen over the age of 65, use IRS Form 1040-SR.
If you were the estate’s executor or the surviving spouse, you then complete this form on behalf of the person who’s died in the standard way. You must report all income, claim any eligible credits and record valid deductions. The only material difference is you’re only entering this information up to the date of the person’s death.
The typical IRS deadlines will apply to the filing of any decedent’s tax return.
According to Whitney Sorrell, Principal Attorney and CPA at Sorrell Law Firm, the executor of an estate might also need to submit proof they’ve been appointed as the decedent’s personal representative. She explains:
“IRS Form 56 Notice of Fiduciary Relationship tells the IRS the Personal Representative is the responsible person for filing the tax return for the decedent.”
By submitting this form alongside the decedent’s 1040, the speed at which the tax return gets processed will be way faster.
Likewise, it’s also possible to speed up the distribution of any outstanding tax return by sending in IRS Form 1310 alongside the decedent’s 1040.
Martin Gasparian, an attorney and owner of Maison Law, explains:
“The filing of IRS Form 1310 is an effective form that helps in claiming refunds for deceased persons.
The filing of Form 1310 discloses whether the deceased person left any will or the appointment of a personal representative responsible for claiming tax refunds.”
It’s important to remember no refunds will be issued to beneficiaries until any tax owed has been fully paid.
When filing a decedent’s tax return, the key is to ensure you have all the correct and relevant information at hand. That means receipts, bank statements, and documentation of any deduction of credits they may have been eligible for before they died.
That’s where a Family Operating System® like Trustworthy can streamline the filing process.
By uploading digital copies of essential documents onto Trustworthy, you can collaborate and securely share that documentation with all relevant parties, including your accountant, financial planner, or court-appointed executor.
This ensures you always have the correct documents available to submit the right tax information and initiate the refund process.
Who Pays Taxes Owed by Someone Who's Passed Away?
“Taxes owed by a deceased person are generally paid from the assets of the deceased individual's estate,” explains Kellzi.
He continues:
“However, if there are insufficient assets in the estate to cover the tax liabilities, the executor or personal representative may not be personally liable for the outstanding taxes.”
That’s good news if you’re the executor of the estate but not terribly promising if you’re a beneficiary hoping for a refund.
Here’s how it works in practice: If you’re the executor of an estate, you need to submit payment alongside the decedent’s tax return. You can also arrange one of several other payment options.
If the decedent’s estate doesn’t have enough assets to cover their tax bill, the IRS will credit the decedent’s account with any outstanding refunds. Once this amount is removed, the executor needs to liquidate the assets in the decedent’s estate and pay as much as possible to the IRS.
The IRS always gets priority over other creditors when settling the deceased person’s debts.
The only situation in which a personal representative might end up responsible for paying the difference between tax owed and the assets in an estate is if they’ve distributed assets to beneficiaries knowing there was an unpaid tax liability.
Who Gets the Tax Refund of a Deceased Person?
Once the IRS has received any debts owed, a refund on behalf of the decedent can finally be issued.
Kellzi notes:
“The tax refund of a deceased person becomes part of their estate. If the deceased individual had a will specifying beneficiaries, the refund will be distributed according to those instructions.
“If there is no will, state laws of intestacy determine how the assets, including the tax refund, are distributed to the deceased person's heirs.”
That means if you’ve named beneficiaries in your will, the will’s executor can distribute your tax refund to those beneficiaries after the IRS has paid it into your estate. Typically, this is your surviving spouse, children or grandchildren.
If you haven’t left a will, the executor appointed by a state probate court will typically try to find and contact your closest living relative to distribute the refund. Each state has a slightly different process to identify and distribute the contents of an estate if you die intestate (without a will).
Frequently Asked Questions
How Do I Claim Tax Back for a Deceased Person?
To claim the tax refund of someone who’s died, you must submit IRS Form 1310 alongside their annual tax return.
Do Executors Have to File a Tax Return?
Yes. If a decedent filed their taxes as an individual, the executor of their estate is responsible for filing the return on their behalf.
When Does the IRS Submit the Refund Of Someone Who’s Died?
After the IRS has received Form 1310 and outstanding tax liabilities have been settled, any remaining refund will be paid into the decedent’s estate.
Who Gets The Tax Refund of A Deceased Person? An Accountant Answers
Nash Riggins
November 17, 2023
|
When someone you love passes away, it feels as if your world is standing still. Unfortunately, this isn’t true of their tax liabilities.
Even after someone dies, the IRS expects a tax return to be submitted on their behalf. Fortunately, you may also be able to claim access to the decedent’s tax refund if the IRS owed them anything at the time of their death. But there’s a particular process you’ll need to follow.
Read on to find out how to file the tax return of a deceased person, who’s responsible for their tax liabilities, and who gets their tax refund.
Key Takeaways
The responsibility for filing the tax return of a deceased person falls on the deceased individual's spouse or the executor of their estate.
Taxes owed by a deceased person are generally paid from the assets of the deceased individual's estate.
Once tax liabilities are paid, the IRS will pay a decedent’s tax refund into their estate.
Who's Responsible for Filing the Tax Return of a Deceased Person?
Before any tax refund is claimed, the IRS must receive a valid tax return on behalf of the person who’s died.
Generally speaking, responsibility over who must submit that return will depend on whether the decedent has a surviving spouse. That means if you typically file a joint return with your spouse and they die, you’re responsible for submitting all the relevant tax information about your spouse (prior to their death).
If the decedent wasn’t married at the time of death (or their spouse had already passed away), things get a little bit more complicated.
Alec Kellzi, a CPA at IRS Extension Online, explains:
“The responsibility for filing the tax return of a deceased person falls on the deceased individual's executor. They are legally appointed to administer the deceased person's estate and handle various financial matters, including taxes.
The responsibility for filing the return continues until the estate is settled, and all outstanding taxes are paid.”
Your executor (or “personal representative”) will normally be a relative or a trusted friend. You can appoint whoever you’d like to be an executor in your will.
But if you fail to name an executor (or die without a will), your estate will pass to a state probate court. From there, the court will appoint its own executor to assess your assets and submit any outstanding tax information to the IRS.
What Is the Process of Submitting the Tax Return of Someone Who’s Died?
Once an executor has been appointed (if necessary), the decedent’s tax return can be completed and submitted to the IRS.
According to the IRS, the rules and processes around preparing someone’s tax return work the same whether they’re dead or alive. You’ve got to download and complete IRS Form 1040, or if they were a senior citizen over the age of 65, use IRS Form 1040-SR.
If you were the estate’s executor or the surviving spouse, you then complete this form on behalf of the person who’s died in the standard way. You must report all income, claim any eligible credits and record valid deductions. The only material difference is you’re only entering this information up to the date of the person’s death.
The typical IRS deadlines will apply to the filing of any decedent’s tax return.
According to Whitney Sorrell, Principal Attorney and CPA at Sorrell Law Firm, the executor of an estate might also need to submit proof they’ve been appointed as the decedent’s personal representative. She explains:
“IRS Form 56 Notice of Fiduciary Relationship tells the IRS the Personal Representative is the responsible person for filing the tax return for the decedent.”
By submitting this form alongside the decedent’s 1040, the speed at which the tax return gets processed will be way faster.
Likewise, it’s also possible to speed up the distribution of any outstanding tax return by sending in IRS Form 1310 alongside the decedent’s 1040.
Martin Gasparian, an attorney and owner of Maison Law, explains:
“The filing of IRS Form 1310 is an effective form that helps in claiming refunds for deceased persons.
The filing of Form 1310 discloses whether the deceased person left any will or the appointment of a personal representative responsible for claiming tax refunds.”
It’s important to remember no refunds will be issued to beneficiaries until any tax owed has been fully paid.
When filing a decedent’s tax return, the key is to ensure you have all the correct and relevant information at hand. That means receipts, bank statements, and documentation of any deduction of credits they may have been eligible for before they died.
That’s where a Family Operating System® like Trustworthy can streamline the filing process.
By uploading digital copies of essential documents onto Trustworthy, you can collaborate and securely share that documentation with all relevant parties, including your accountant, financial planner, or court-appointed executor.
This ensures you always have the correct documents available to submit the right tax information and initiate the refund process.
Who Pays Taxes Owed by Someone Who's Passed Away?
“Taxes owed by a deceased person are generally paid from the assets of the deceased individual's estate,” explains Kellzi.
He continues:
“However, if there are insufficient assets in the estate to cover the tax liabilities, the executor or personal representative may not be personally liable for the outstanding taxes.”
That’s good news if you’re the executor of the estate but not terribly promising if you’re a beneficiary hoping for a refund.
Here’s how it works in practice: If you’re the executor of an estate, you need to submit payment alongside the decedent’s tax return. You can also arrange one of several other payment options.
If the decedent’s estate doesn’t have enough assets to cover their tax bill, the IRS will credit the decedent’s account with any outstanding refunds. Once this amount is removed, the executor needs to liquidate the assets in the decedent’s estate and pay as much as possible to the IRS.
The IRS always gets priority over other creditors when settling the deceased person’s debts.
The only situation in which a personal representative might end up responsible for paying the difference between tax owed and the assets in an estate is if they’ve distributed assets to beneficiaries knowing there was an unpaid tax liability.
Who Gets the Tax Refund of a Deceased Person?
Once the IRS has received any debts owed, a refund on behalf of the decedent can finally be issued.
Kellzi notes:
“The tax refund of a deceased person becomes part of their estate. If the deceased individual had a will specifying beneficiaries, the refund will be distributed according to those instructions.
“If there is no will, state laws of intestacy determine how the assets, including the tax refund, are distributed to the deceased person's heirs.”
That means if you’ve named beneficiaries in your will, the will’s executor can distribute your tax refund to those beneficiaries after the IRS has paid it into your estate. Typically, this is your surviving spouse, children or grandchildren.
If you haven’t left a will, the executor appointed by a state probate court will typically try to find and contact your closest living relative to distribute the refund. Each state has a slightly different process to identify and distribute the contents of an estate if you die intestate (without a will).
Frequently Asked Questions
How Do I Claim Tax Back for a Deceased Person?
To claim the tax refund of someone who’s died, you must submit IRS Form 1310 alongside their annual tax return.
Do Executors Have to File a Tax Return?
Yes. If a decedent filed their taxes as an individual, the executor of their estate is responsible for filing the return on their behalf.
When Does the IRS Submit the Refund Of Someone Who’s Died?
After the IRS has received Form 1310 and outstanding tax liabilities have been settled, any remaining refund will be paid into the decedent’s estate.
Who Gets The Tax Refund of A Deceased Person? An Accountant Answers
Nash Riggins
November 17, 2023
|
The intelligent digital vault for families
Trustworthy protects and optimizes important family information so you can save time, money, and enjoy peace of mind
When someone you love passes away, it feels as if your world is standing still. Unfortunately, this isn’t true of their tax liabilities.
Even after someone dies, the IRS expects a tax return to be submitted on their behalf. Fortunately, you may also be able to claim access to the decedent’s tax refund if the IRS owed them anything at the time of their death. But there’s a particular process you’ll need to follow.
Read on to find out how to file the tax return of a deceased person, who’s responsible for their tax liabilities, and who gets their tax refund.
Key Takeaways
The responsibility for filing the tax return of a deceased person falls on the deceased individual's spouse or the executor of their estate.
Taxes owed by a deceased person are generally paid from the assets of the deceased individual's estate.
Once tax liabilities are paid, the IRS will pay a decedent’s tax refund into their estate.
Who's Responsible for Filing the Tax Return of a Deceased Person?
Before any tax refund is claimed, the IRS must receive a valid tax return on behalf of the person who’s died.
Generally speaking, responsibility over who must submit that return will depend on whether the decedent has a surviving spouse. That means if you typically file a joint return with your spouse and they die, you’re responsible for submitting all the relevant tax information about your spouse (prior to their death).
If the decedent wasn’t married at the time of death (or their spouse had already passed away), things get a little bit more complicated.
Alec Kellzi, a CPA at IRS Extension Online, explains:
“The responsibility for filing the tax return of a deceased person falls on the deceased individual's executor. They are legally appointed to administer the deceased person's estate and handle various financial matters, including taxes.
The responsibility for filing the return continues until the estate is settled, and all outstanding taxes are paid.”
Your executor (or “personal representative”) will normally be a relative or a trusted friend. You can appoint whoever you’d like to be an executor in your will.
But if you fail to name an executor (or die without a will), your estate will pass to a state probate court. From there, the court will appoint its own executor to assess your assets and submit any outstanding tax information to the IRS.
What Is the Process of Submitting the Tax Return of Someone Who’s Died?
Once an executor has been appointed (if necessary), the decedent’s tax return can be completed and submitted to the IRS.
According to the IRS, the rules and processes around preparing someone’s tax return work the same whether they’re dead or alive. You’ve got to download and complete IRS Form 1040, or if they were a senior citizen over the age of 65, use IRS Form 1040-SR.
If you were the estate’s executor or the surviving spouse, you then complete this form on behalf of the person who’s died in the standard way. You must report all income, claim any eligible credits and record valid deductions. The only material difference is you’re only entering this information up to the date of the person’s death.
The typical IRS deadlines will apply to the filing of any decedent’s tax return.
According to Whitney Sorrell, Principal Attorney and CPA at Sorrell Law Firm, the executor of an estate might also need to submit proof they’ve been appointed as the decedent’s personal representative. She explains:
“IRS Form 56 Notice of Fiduciary Relationship tells the IRS the Personal Representative is the responsible person for filing the tax return for the decedent.”
By submitting this form alongside the decedent’s 1040, the speed at which the tax return gets processed will be way faster.
Likewise, it’s also possible to speed up the distribution of any outstanding tax return by sending in IRS Form 1310 alongside the decedent’s 1040.
Martin Gasparian, an attorney and owner of Maison Law, explains:
“The filing of IRS Form 1310 is an effective form that helps in claiming refunds for deceased persons.
The filing of Form 1310 discloses whether the deceased person left any will or the appointment of a personal representative responsible for claiming tax refunds.”
It’s important to remember no refunds will be issued to beneficiaries until any tax owed has been fully paid.
When filing a decedent’s tax return, the key is to ensure you have all the correct and relevant information at hand. That means receipts, bank statements, and documentation of any deduction of credits they may have been eligible for before they died.
That’s where a Family Operating System® like Trustworthy can streamline the filing process.
By uploading digital copies of essential documents onto Trustworthy, you can collaborate and securely share that documentation with all relevant parties, including your accountant, financial planner, or court-appointed executor.
This ensures you always have the correct documents available to submit the right tax information and initiate the refund process.
Who Pays Taxes Owed by Someone Who's Passed Away?
“Taxes owed by a deceased person are generally paid from the assets of the deceased individual's estate,” explains Kellzi.
He continues:
“However, if there are insufficient assets in the estate to cover the tax liabilities, the executor or personal representative may not be personally liable for the outstanding taxes.”
That’s good news if you’re the executor of the estate but not terribly promising if you’re a beneficiary hoping for a refund.
Here’s how it works in practice: If you’re the executor of an estate, you need to submit payment alongside the decedent’s tax return. You can also arrange one of several other payment options.
If the decedent’s estate doesn’t have enough assets to cover their tax bill, the IRS will credit the decedent’s account with any outstanding refunds. Once this amount is removed, the executor needs to liquidate the assets in the decedent’s estate and pay as much as possible to the IRS.
The IRS always gets priority over other creditors when settling the deceased person’s debts.
The only situation in which a personal representative might end up responsible for paying the difference between tax owed and the assets in an estate is if they’ve distributed assets to beneficiaries knowing there was an unpaid tax liability.
Who Gets the Tax Refund of a Deceased Person?
Once the IRS has received any debts owed, a refund on behalf of the decedent can finally be issued.
Kellzi notes:
“The tax refund of a deceased person becomes part of their estate. If the deceased individual had a will specifying beneficiaries, the refund will be distributed according to those instructions.
“If there is no will, state laws of intestacy determine how the assets, including the tax refund, are distributed to the deceased person's heirs.”
That means if you’ve named beneficiaries in your will, the will’s executor can distribute your tax refund to those beneficiaries after the IRS has paid it into your estate. Typically, this is your surviving spouse, children or grandchildren.
If you haven’t left a will, the executor appointed by a state probate court will typically try to find and contact your closest living relative to distribute the refund. Each state has a slightly different process to identify and distribute the contents of an estate if you die intestate (without a will).
Frequently Asked Questions
How Do I Claim Tax Back for a Deceased Person?
To claim the tax refund of someone who’s died, you must submit IRS Form 1310 alongside their annual tax return.
Do Executors Have to File a Tax Return?
Yes. If a decedent filed their taxes as an individual, the executor of their estate is responsible for filing the return on their behalf.
When Does the IRS Submit the Refund Of Someone Who’s Died?
After the IRS has received Form 1310 and outstanding tax liabilities have been settled, any remaining refund will be paid into the decedent’s estate.
Who Gets The Tax Refund of A Deceased Person? An Accountant Answers
Nash Riggins
November 17, 2023
|
The intelligent digital vault for families
Trustworthy protects and optimizes important family information so you can save time, money, and enjoy peace of mind
When someone you love passes away, it feels as if your world is standing still. Unfortunately, this isn’t true of their tax liabilities.
Even after someone dies, the IRS expects a tax return to be submitted on their behalf. Fortunately, you may also be able to claim access to the decedent’s tax refund if the IRS owed them anything at the time of their death. But there’s a particular process you’ll need to follow.
Read on to find out how to file the tax return of a deceased person, who’s responsible for their tax liabilities, and who gets their tax refund.
Key Takeaways
The responsibility for filing the tax return of a deceased person falls on the deceased individual's spouse or the executor of their estate.
Taxes owed by a deceased person are generally paid from the assets of the deceased individual's estate.
Once tax liabilities are paid, the IRS will pay a decedent’s tax refund into their estate.
Who's Responsible for Filing the Tax Return of a Deceased Person?
Before any tax refund is claimed, the IRS must receive a valid tax return on behalf of the person who’s died.
Generally speaking, responsibility over who must submit that return will depend on whether the decedent has a surviving spouse. That means if you typically file a joint return with your spouse and they die, you’re responsible for submitting all the relevant tax information about your spouse (prior to their death).
If the decedent wasn’t married at the time of death (or their spouse had already passed away), things get a little bit more complicated.
Alec Kellzi, a CPA at IRS Extension Online, explains:
“The responsibility for filing the tax return of a deceased person falls on the deceased individual's executor. They are legally appointed to administer the deceased person's estate and handle various financial matters, including taxes.
The responsibility for filing the return continues until the estate is settled, and all outstanding taxes are paid.”
Your executor (or “personal representative”) will normally be a relative or a trusted friend. You can appoint whoever you’d like to be an executor in your will.
But if you fail to name an executor (or die without a will), your estate will pass to a state probate court. From there, the court will appoint its own executor to assess your assets and submit any outstanding tax information to the IRS.
What Is the Process of Submitting the Tax Return of Someone Who’s Died?
Once an executor has been appointed (if necessary), the decedent’s tax return can be completed and submitted to the IRS.
According to the IRS, the rules and processes around preparing someone’s tax return work the same whether they’re dead or alive. You’ve got to download and complete IRS Form 1040, or if they were a senior citizen over the age of 65, use IRS Form 1040-SR.
If you were the estate’s executor or the surviving spouse, you then complete this form on behalf of the person who’s died in the standard way. You must report all income, claim any eligible credits and record valid deductions. The only material difference is you’re only entering this information up to the date of the person’s death.
The typical IRS deadlines will apply to the filing of any decedent’s tax return.
According to Whitney Sorrell, Principal Attorney and CPA at Sorrell Law Firm, the executor of an estate might also need to submit proof they’ve been appointed as the decedent’s personal representative. She explains:
“IRS Form 56 Notice of Fiduciary Relationship tells the IRS the Personal Representative is the responsible person for filing the tax return for the decedent.”
By submitting this form alongside the decedent’s 1040, the speed at which the tax return gets processed will be way faster.
Likewise, it’s also possible to speed up the distribution of any outstanding tax return by sending in IRS Form 1310 alongside the decedent’s 1040.
Martin Gasparian, an attorney and owner of Maison Law, explains:
“The filing of IRS Form 1310 is an effective form that helps in claiming refunds for deceased persons.
The filing of Form 1310 discloses whether the deceased person left any will or the appointment of a personal representative responsible for claiming tax refunds.”
It’s important to remember no refunds will be issued to beneficiaries until any tax owed has been fully paid.
When filing a decedent’s tax return, the key is to ensure you have all the correct and relevant information at hand. That means receipts, bank statements, and documentation of any deduction of credits they may have been eligible for before they died.
That’s where a Family Operating System® like Trustworthy can streamline the filing process.
By uploading digital copies of essential documents onto Trustworthy, you can collaborate and securely share that documentation with all relevant parties, including your accountant, financial planner, or court-appointed executor.
This ensures you always have the correct documents available to submit the right tax information and initiate the refund process.
Who Pays Taxes Owed by Someone Who's Passed Away?
“Taxes owed by a deceased person are generally paid from the assets of the deceased individual's estate,” explains Kellzi.
He continues:
“However, if there are insufficient assets in the estate to cover the tax liabilities, the executor or personal representative may not be personally liable for the outstanding taxes.”
That’s good news if you’re the executor of the estate but not terribly promising if you’re a beneficiary hoping for a refund.
Here’s how it works in practice: If you’re the executor of an estate, you need to submit payment alongside the decedent’s tax return. You can also arrange one of several other payment options.
If the decedent’s estate doesn’t have enough assets to cover their tax bill, the IRS will credit the decedent’s account with any outstanding refunds. Once this amount is removed, the executor needs to liquidate the assets in the decedent’s estate and pay as much as possible to the IRS.
The IRS always gets priority over other creditors when settling the deceased person’s debts.
The only situation in which a personal representative might end up responsible for paying the difference between tax owed and the assets in an estate is if they’ve distributed assets to beneficiaries knowing there was an unpaid tax liability.
Who Gets the Tax Refund of a Deceased Person?
Once the IRS has received any debts owed, a refund on behalf of the decedent can finally be issued.
Kellzi notes:
“The tax refund of a deceased person becomes part of their estate. If the deceased individual had a will specifying beneficiaries, the refund will be distributed according to those instructions.
“If there is no will, state laws of intestacy determine how the assets, including the tax refund, are distributed to the deceased person's heirs.”
That means if you’ve named beneficiaries in your will, the will’s executor can distribute your tax refund to those beneficiaries after the IRS has paid it into your estate. Typically, this is your surviving spouse, children or grandchildren.
If you haven’t left a will, the executor appointed by a state probate court will typically try to find and contact your closest living relative to distribute the refund. Each state has a slightly different process to identify and distribute the contents of an estate if you die intestate (without a will).
Frequently Asked Questions
How Do I Claim Tax Back for a Deceased Person?
To claim the tax refund of someone who’s died, you must submit IRS Form 1310 alongside their annual tax return.
Do Executors Have to File a Tax Return?
Yes. If a decedent filed their taxes as an individual, the executor of their estate is responsible for filing the return on their behalf.
When Does the IRS Submit the Refund Of Someone Who’s Died?
After the IRS has received Form 1310 and outstanding tax liabilities have been settled, any remaining refund will be paid into the decedent’s estate.
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VA Benefits Timeline: When They Stop After Death
Mar 20, 2024
Mar 20, 2024
Is Estate Planning a Legitimate Business Expense: Unveiling The Truth
Is Estate Planning a Legitimate Business Expense: Unveiling The Truth
Mar 15, 2024
Mar 15, 2024
Does Right of Survivorship Trump a Will: Legal Insights
Does Right of Survivorship Trump a Will: Legal Insights
Mar 13, 2024
Mar 13, 2024
Palliative Care at Home: Understanding Insurance Coverage
Palliative Care at Home: Understanding Insurance Coverage
Mar 13, 2024
Mar 13, 2024
Navigating Insurance Coverage for Hospice Care A Complete Guide
Navigating Insurance Coverage for Hospice Care A Complete Guide
Mar 9, 2024
Mar 9, 2024
Choosing an Estate Planning Attorney: Traits of Excellence
Choosing an Estate Planning Attorney: Traits of Excellence
Mar 7, 2024
Mar 7, 2024
Can Family Overrule an Advance Directive? What You Need to Know
Can Family Overrule an Advance Directive? What You Need to Know
Mar 7, 2024
Mar 7, 2024
Funding Hospice Care in Nursing Homes: Who Bears the Cost?
Funding Hospice Care in Nursing Homes: Who Bears the Cost?
Mar 5, 2024
Mar 5, 2024
Who Can Legally Witness an Advance Directive? Know Your Rights
Who Can Legally Witness an Advance Directive? Know Your Rights
Mar 5, 2024
Mar 5, 2024
Exploring Hospice Care: What’s Not Included?
Exploring Hospice Care: What’s Not Included?
Mar 5, 2024
Mar 5, 2024
Respite Care in Hospice: Providing Relief for Caregivers
Respite Care in Hospice: Providing Relief for Caregivers
Mar 5, 2024
Mar 5, 2024
Exploring the Spectrum: Different Types of Advance Directives
Exploring the Spectrum: Different Types of Advance Directives
Feb 28, 2024
Feb 28, 2024
Deciding on Hospice Care: Knowing When It's Time
Deciding on Hospice Care: Knowing When It's Time
Feb 27, 2024
Feb 27, 2024
Hospice Care Duration: How Long Can It Last?
Hospice Care Duration: How Long Can It Last?
Feb 27, 2024
Feb 27, 2024
Hospice Care Timeline: Estimating How Long to Live
Hospice Care Timeline: Estimating How Long to Live
Feb 22, 2024
Feb 22, 2024
Doctor-Ordered Hospice Care: When and Why It Happens
Doctor-Ordered Hospice Care: When and Why It Happens
Feb 20, 2024
Feb 20, 2024
Funeral Planning Timeline: How Long Does it Really Take?
Funeral Planning Timeline: How Long Does it Really Take?
Feb 15, 2024
Feb 15, 2024
Writing a Heartfelt Obituary for Your Husband: Inspiring Examples
Writing a Heartfelt Obituary for Your Husband: Inspiring Examples
Feb 14, 2024
Feb 14, 2024
Planning Your Funeral: The Best Age To Start
Planning Your Funeral: The Best Age To Start
Feb 14, 2024
Feb 14, 2024
Crafting a Loving Obituary For Your Son: Meaningful Examples
Crafting a Loving Obituary For Your Son: Meaningful Examples
Jan 18, 2024
Jan 18, 2024
Improving Communication Between Caregivers and Doctors
Improving Communication Between Caregivers and Doctors
Nov 29, 2023
Nov 29, 2023
Can Anyone Get a Copy of a Death Certificate? Who Is Authorized?
Can Anyone Get a Copy of a Death Certificate? Who Is Authorized?
Nov 25, 2023
Nov 25, 2023
Original Death Certificate vs. Certified Copy: Key Differences And Why They Matter
Original Death Certificate vs. Certified Copy: Key Differences And Why They Matter
Nov 25, 2023
Nov 25, 2023
How Do You Handle Negative Aspects of the Deceased's Life in a Eulogy?
How Do You Handle Negative Aspects of the Deceased's Life in a Eulogy?
Nov 25, 2023
Nov 25, 2023
Can There Be More Then One Eulogy at a Funeral? Etiquette Explained
Can There Be More Then One Eulogy at a Funeral? Etiquette Explained
Nov 24, 2023
Nov 24, 2023
My Dad Died, Can I Get His Retirement Pension?
My Dad Died, Can I Get His Retirement Pension?
Nov 24, 2023
Nov 24, 2023
How Many Copies of a Death Certificate Should You Get?
How Many Copies of a Death Certificate Should You Get?
Nov 24, 2023
Nov 24, 2023
Can a Eulogy Be Funny? Yes, Here Are 10 Respectful but Funny Examples
Can a Eulogy Be Funny? Yes, Here Are 10 Respectful but Funny Examples
Nov 24, 2023
Nov 24, 2023
How Do You Receive Inheritance Money WITHOUT any issues?
How Do You Receive Inheritance Money WITHOUT any issues?
Nov 17, 2023
Nov 17, 2023
Who Gets The Tax Refund of A Deceased Person? An Accountant Answers
Who Gets The Tax Refund of A Deceased Person? An Accountant Answers
Nov 17, 2023
Nov 17, 2023
How To Start a Eulogy: 15 Heartfelt Examples
How To Start a Eulogy: 15 Heartfelt Examples
Nov 14, 2023
Nov 14, 2023
How To Discuss End-of-Life Care With Parents (Simple Guide)
How To Discuss End-of-Life Care With Parents (Simple Guide)
Nov 14, 2023
Nov 14, 2023
How To Cancel a Deceased Person's Subscriptions the EASY Way
How To Cancel a Deceased Person's Subscriptions the EASY Way
Nov 8, 2023
Nov 8, 2023
What Should You Not Put in a Eulogy (9 Things To Avoid)
What Should You Not Put in a Eulogy (9 Things To Avoid)
Nov 7, 2023
Nov 7, 2023
How Are Estates Distributed If There's No Will? A Lawyer Explains Intestate
How Are Estates Distributed If There's No Will? A Lawyer Explains Intestate
Nov 6, 2023
Nov 6, 2023
Does Microsoft Word Have an Obituary Template?
Does Microsoft Word Have an Obituary Template?
Nov 6, 2023
Nov 6, 2023
How To Post an Obituary on Facebook: A Step-by-Step Guide
How To Post an Obituary on Facebook: A Step-by-Step Guide
Nov 6, 2023
Nov 6, 2023
Why Do You Need A Death Certificate For Estate & Probate Process?
Why Do You Need A Death Certificate For Estate & Probate Process?
Nov 2, 2023
Nov 2, 2023
How Do I Correct Errors on a Death Certificate? And, How Long Does It Take?
How Do I Correct Errors on a Death Certificate? And, How Long Does It Take?
Nov 2, 2023
Nov 2, 2023
12 Steps For Writing a Eulogy For Mom
12 Steps For Writing a Eulogy For Mom
Nov 2, 2023
Nov 2, 2023
12 Steps for Writing a Eulogy for Dad
12 Steps for Writing a Eulogy for Dad
Nov 1, 2023
Nov 1, 2023
Who Does The Obituary When Someone Dies?
Who Does The Obituary When Someone Dies?
Nov 1, 2023
Nov 1, 2023
How Late Is Too Late For An Obituary? 6 Steps To Take Today
How Late Is Too Late For An Obituary? 6 Steps To Take Today
Nov 1, 2023
Nov 1, 2023
How Much Does It Cost To Publish An Obituary? Breaking It Down
How Much Does It Cost To Publish An Obituary? Breaking It Down
Nov 1, 2023
Nov 1, 2023
6 Reasons You Need an Obituary (Plus 6 Reasons You Don't)
6 Reasons You Need an Obituary (Plus 6 Reasons You Don't)
Oct 30, 2023
Oct 30, 2023
Where Do You Post an Obituary: A Step-By-Step Guide
Where Do You Post an Obituary: A Step-By-Step Guide
Oct 30, 2023
Oct 30, 2023
Obituary vs Death Note: What Are the Key Differences?
Obituary vs Death Note: What Are the Key Differences?
Oct 5, 2023
Oct 5, 2023
Buying A House With Elderly Parent: 10 Things To Know
Buying A House With Elderly Parent: 10 Things To Know
Sep 14, 2023
Sep 14, 2023
I'm Trapped Caring for Elderly Parents
I'm Trapped Caring for Elderly Parents
Oct 5, 2023
Oct 5, 2023
401(k) and Minors: Can a Minor be a Beneficiary?
401(k) and Minors: Can a Minor be a Beneficiary?
Sep 12, 2023
Sep 12, 2023
How to Self-Direct Your 401(k): Take Control of Your Retirement
How to Self-Direct Your 401(k): Take Control of Your Retirement
Aug 3, 2023
Aug 3, 2023
The Ultimate Guide to Decluttering and Simplifying Your Home as You Age
The Ultimate Guide to Decluttering and Simplifying Your Home as You Age
Aug 3, 2023
Aug 3, 2023
The Essential Guide to Preparing for Retirement
The Essential Guide to Preparing for Retirement
Aug 3, 2023
Aug 3, 2023
Estate Planning For Blended Families (Complete Guide)
Estate Planning For Blended Families (Complete Guide)
Aug 3, 2023
Aug 3, 2023
Estate Planning For Physicians (Complete Guide)
Estate Planning For Physicians (Complete Guide)
Jul 14, 2023
Jul 14, 2023
Are You Legally Responsible For Your Elderly Parents?
Are You Legally Responsible For Your Elderly Parents?
Jun 7, 2023
Jun 7, 2023
How To Travel With Elderly Parent: Here's How to Prepare
How To Travel With Elderly Parent: Here's How to Prepare
Jun 6, 2023
Jun 6, 2023
Checklist For Moving A Parent To Assisted Living
Checklist For Moving A Parent To Assisted Living
Jun 6, 2023
Jun 6, 2023
How to Set Up A Trust For An Elderly Parent: 6 Easy Steps
How to Set Up A Trust For An Elderly Parent: 6 Easy Steps
Jun 6, 2023
Jun 6, 2023
How To Stop Elderly Parents From Giving Money Away (9 Tips)
How To Stop Elderly Parents From Giving Money Away (9 Tips)
Jun 6, 2023
Jun 6, 2023
Should Elderly Parents Sign Over Their House? Pros & Cons
Should Elderly Parents Sign Over Their House? Pros & Cons
May 17, 2023
May 17, 2023
Estate Planning: A Comprehensive Guide
Estate Planning: A Comprehensive Guide
May 2, 2023
May 2, 2023
Helping Elderly Parents: The Complete Guide
Helping Elderly Parents: The Complete Guide
May 1, 2023
May 1, 2023
Trustworthy guide: How to organize your digital information
Trustworthy guide: How to organize your digital information
Apr 15, 2023
Apr 15, 2023
Can My Husband Make a Will Without My Knowledge?
Can My Husband Make a Will Without My Knowledge?
Apr 15, 2023
Apr 15, 2023
What is a Last Will and Testament (also known as a Will)?
What is a Last Will and Testament (also known as a Will)?
Apr 15, 2023
Apr 15, 2023
Can A Wife Sell Deceased Husband's Property (6 Rules)
Can A Wife Sell Deceased Husband's Property (6 Rules)
Apr 15, 2023
Apr 15, 2023
Should I Shred Documents Of A Deceased Person? (5 Tips)
Should I Shred Documents Of A Deceased Person? (5 Tips)
Apr 15, 2023
Apr 15, 2023
Can I Change My Power of Attorney Without A Lawyer?
Can I Change My Power of Attorney Without A Lawyer?
Apr 15, 2023
Apr 15, 2023
Can You Have Two Power of Attorneys? (A Lawyer Answers)
Can You Have Two Power of Attorneys? (A Lawyer Answers)
Apr 15, 2023
Apr 15, 2023
Do Attorneys Keep Copies Of a Will? (4 Things To Know)
Do Attorneys Keep Copies Of a Will? (4 Things To Know)
Apr 15, 2023
Apr 15, 2023
Estate Planning for a Special Needs Child (Complete Guide)
Estate Planning for a Special Needs Child (Complete Guide)
Apr 15, 2023
Apr 15, 2023
Estate Planning For Childless Couples (Complete Guide)
Estate Planning For Childless Couples (Complete Guide)
Apr 15, 2023
Apr 15, 2023
Estate Planning For Elderly Parents (Complete Guide)
Estate Planning For Elderly Parents (Complete Guide)
Apr 15, 2023
Apr 15, 2023
Estate Planning For High Net Worth & Large Estates
Estate Planning For High Net Worth & Large Estates
Apr 15, 2023
Apr 15, 2023
Estate Planning For Irresponsible Children (Complete Guide)
Estate Planning For Irresponsible Children (Complete Guide)
Apr 15, 2023
Apr 15, 2023
How To Get Power of Attorney For Parent With Dementia?
How To Get Power of Attorney For Parent With Dementia?
Apr 15, 2023
Apr 15, 2023
I Lost My Power of Attorney Papers, Now What?
I Lost My Power of Attorney Papers, Now What?
Apr 15, 2023
Apr 15, 2023
Is It Better To Sell or Rent An Inherited House? (Pros & Cons)
Is It Better To Sell or Rent An Inherited House? (Pros & Cons)
Apr 15, 2023
Apr 15, 2023
Is It Wrong To Move Away From Elderly Parents? My Advice
Is It Wrong To Move Away From Elderly Parents? My Advice
Apr 15, 2023
Apr 15, 2023
Moving An Elderly Parent Into Your Home: What To Know
Moving An Elderly Parent Into Your Home: What To Know
Apr 15, 2023
Apr 15, 2023
Moving An Elderly Parent to Another State: What To Know
Moving An Elderly Parent to Another State: What To Know
Apr 15, 2023
Apr 15, 2023
What If Witnesses To A Will Cannot Be Found? A Lawyer Answers
What If Witnesses To A Will Cannot Be Found? A Lawyer Answers
Apr 15, 2023
Apr 15, 2023
What To Bring To Estate Planning Meeting (Checklist)
What To Bring To Estate Planning Meeting (Checklist)
Apr 15, 2023
Apr 15, 2023
When Should You Get An Estate Plan? (According To A Lawyer)
When Should You Get An Estate Plan? (According To A Lawyer)
Apr 15, 2023
Apr 15, 2023
Which Sibling Should Take Care of Elderly Parents?
Which Sibling Should Take Care of Elderly Parents?
Apr 15, 2023
Apr 15, 2023
Who Can Override A Power of Attorney? (A Lawyer Answers)
Who Can Override A Power of Attorney? (A Lawyer Answers)
Apr 15, 2023
Apr 15, 2023
Can Power of Attorney Sell Property Before Death?
Can Power of Attorney Sell Property Before Death?
Apr 15, 2023
Apr 15, 2023
Can The Executor Of A Will Access Bank Accounts? (Yes, Here's How)
Can The Executor Of A Will Access Bank Accounts? (Yes, Here's How)
Apr 15, 2023
Apr 15, 2023
Complete List of Things To Do For Elderly Parents (Checklist)
Complete List of Things To Do For Elderly Parents (Checklist)
Apr 15, 2023
Apr 15, 2023
How To Get Power of Attorney For A Deceased Person?
How To Get Power of Attorney For A Deceased Person?
Apr 15, 2023
Apr 15, 2023
How To Help Elderly Parents From A Distance? 7 Tips
How To Help Elderly Parents From A Distance? 7 Tips
Apr 15, 2023
Apr 15, 2023
Legal Documents For Elderly Parents: Checklist
Legal Documents For Elderly Parents: Checklist
Apr 15, 2023
Apr 15, 2023
Selling Elderly Parents Home: How To Do It + Mistakes To Avoid
Selling Elderly Parents Home: How To Do It + Mistakes To Avoid
Apr 15, 2023
Apr 15, 2023
What To Do When A Sibling Is Manipulating Elderly Parents
What To Do When A Sibling Is Manipulating Elderly Parents
Apr 6, 2023
Apr 6, 2023
Can An Out of State Attorney Write My Will? (A Lawyer Answers)
Can An Out of State Attorney Write My Will? (A Lawyer Answers)
Mar 15, 2023
Mar 15, 2023
Settling an Estate: A Step-by-Step Guide
Settling an Estate: A Step-by-Step Guide
Feb 10, 2023
Feb 10, 2023
My Deceased Husband Received A Check In The Mail (4 Steps To Take)
My Deceased Husband Received A Check In The Mail (4 Steps To Take)
Feb 7, 2023
Feb 7, 2023
The Benefits of Working With an Experienced Estate Planning Attorney
The Benefits of Working With an Experienced Estate Planning Attorney
Feb 6, 2023
Feb 6, 2023
How To Track Elderly Parents' Phone (2 Options)
How To Track Elderly Parents' Phone (2 Options)
Feb 1, 2023
Feb 1, 2023
Can You Collect Your Parents' Social Security When They Die?
Can You Collect Your Parents' Social Security When They Die?
Feb 1, 2023
Feb 1, 2023
How Do I Stop VA Benefits When Someone Dies (Simple Guide)
How Do I Stop VA Benefits When Someone Dies (Simple Guide)
Feb 1, 2023
Feb 1, 2023
Can You Pay Money Into A Deceased Person's Bank Account?
Can You Pay Money Into A Deceased Person's Bank Account?
Feb 1, 2023
Feb 1, 2023
Deleting A Facebook Account When Someone Dies (Step by Step)
Deleting A Facebook Account When Someone Dies (Step by Step)
Feb 1, 2023
Feb 1, 2023
Does The DMV Know When Someone Dies?
Does The DMV Know When Someone Dies?
Feb 1, 2023
Feb 1, 2023
How To Find A Deceased Person's Lawyer (5 Ways)
How To Find A Deceased Person's Lawyer (5 Ways)
Feb 1, 2023
Feb 1, 2023
How To Plan A Celebration Of Life (10 Steps With Examples)
How To Plan A Celebration Of Life (10 Steps With Examples)
Feb 1, 2023
Feb 1, 2023
How To Stop Mail Of A Deceased Person? A Simple Guide
How To Stop Mail Of A Deceased Person? A Simple Guide
Feb 1, 2023
Feb 1, 2023
How to Stop Social Security Direct Deposit After Death
How to Stop Social Security Direct Deposit After Death
Feb 1, 2023
Feb 1, 2023
How To Transfer Firearms From A Deceased Person (3 Steps)
How To Transfer Firearms From A Deceased Person (3 Steps)
Feb 1, 2023
Feb 1, 2023
How To Write An Obituary (5 Steps With Examples)
How To Write An Obituary (5 Steps With Examples)
Feb 1, 2023
Feb 1, 2023
What Happens To A Leased Vehicle When Someone Dies?
What Happens To A Leased Vehicle When Someone Dies?
Jan 31, 2023
Jan 31, 2023
Do Wills Expire? 6 Things To Know
Do Wills Expire? 6 Things To Know
Jan 31, 2023
Jan 31, 2023
How To Get Into a Deceased Person's Computer (Microsoft & Apple)
How To Get Into a Deceased Person's Computer (Microsoft & Apple)
Jan 31, 2023
Jan 31, 2023
Why Do Funeral Homes Take Fingerprints of the Deceased?
Why Do Funeral Homes Take Fingerprints of the Deceased?
Jan 31, 2023
Jan 31, 2023
What To Do If Your Deceased Parents' Home Is In Foreclosure
What To Do If Your Deceased Parents' Home Is In Foreclosure
Jan 31, 2023
Jan 31, 2023
Questions To Ask An Estate Attorney After Death (Checklist)
Questions To Ask An Estate Attorney After Death (Checklist)
Jan 31, 2023
Jan 31, 2023
What Happens If a Deceased Individual Owes Taxes?
What Happens If a Deceased Individual Owes Taxes?
Jan 31, 2023
Jan 31, 2023
Components of Estate Planning: 6 Things To Consider
Components of Estate Planning: 6 Things To Consider
Jan 22, 2023
Jan 22, 2023
What To Do If Insurance Check Is Made Out To A Deceased Person
What To Do If Insurance Check Is Made Out To A Deceased Person
Jan 8, 2023
Jan 8, 2023
What Does a Typical Estate Plan Include?
What Does a Typical Estate Plan Include?
Apr 15, 2022
Apr 15, 2022
Can I Do A Video Will? (Is It Legitimate & What To Consider)
Can I Do A Video Will? (Is It Legitimate & What To Consider)
Apr 15, 2022
Apr 15, 2022
Estate Planning For Green Card Holders (Complete Guide)
Estate Planning For Green Card Holders (Complete Guide)
Mar 2, 2022
Mar 2, 2022
What Does Your “Property” Mean?
What Does Your “Property” Mean?
Mar 2, 2022
Mar 2, 2022
What is the Uniform Trust Code? What is the Uniform Probate Code?
What is the Uniform Trust Code? What is the Uniform Probate Code?
Mar 2, 2022
Mar 2, 2022
Do You Need to Avoid Probate?
Do You Need to Avoid Probate?
Mar 2, 2022
Mar 2, 2022
How is a Trust Created?
How is a Trust Created?
Mar 2, 2022
Mar 2, 2022
What Are Advance Directives?
What Are Advance Directives?
Mar 2, 2022
Mar 2, 2022
What does a Trustee Do?
What does a Trustee Do?
Mar 2, 2022
Mar 2, 2022
What is an Estate Plan? (And why you need one)
What is an Estate Plan? (And why you need one)
Mar 2, 2022
Mar 2, 2022
What is Probate?
What is Probate?
Mar 2, 2022
Mar 2, 2022
What Is Your Domicile & Why It Matters
What Is Your Domicile & Why It Matters
Mar 2, 2022
Mar 2, 2022
What Is a Power of Attorney for Finances?
What Is a Power of Attorney for Finances?
Mar 1, 2022
Mar 1, 2022
Should your family consider an umbrella insurance policy?
Should your family consider an umbrella insurance policy?
Mar 1, 2022
Mar 1, 2022
Do I need a digital power of attorney?
Do I need a digital power of attorney?
Apr 6, 2020
Apr 6, 2020
What Exactly is a Trust?
What Exactly is a Trust?