Find Your Loved One's Income Taxes

To file your loved one’s final income tax return, you’ll use the exact same procedure and IRS form (1040) as you would your own. State income taxes should use the standard state income tax form for the state where your loved one lived.

You may be filing one OR two returns, depending on whether your loved one already filed their taxes for the previous calendar year.

How to file taxes:

Fill out the Form 1040 as you would your own. Write your loved one’s name in the “Name” section, but our own address. Then write your loved one’s name across the top of the return with the word “deceased” and the date on which they died. Sign the return with your own signature.

Who can file taxes:

The executor or administrator of the estate should file the return. They will also have to file IRS Form 56 to tell the IRS that they are the estates legal representative.

If your loved one was married when they died, their spouse can instead file a joint tax return the same way they would have if their partner was still living. This return will include your loved one’s income and deductions up until their time of passing, along with the surviving spouse’s information for the full year.

How taxes are paid:

Taxes owed will be paid by the estate. If a refund is due, it will be paid to the estate.

If the estate does not have enough money to pay its creditors, it will be declared insolvent, and taxes will generally take priority over most other debts.

Next Steps:

1. Gather all relevant financial documents and tax records for your loved one.
2. Determine whether one or two tax returns are needed based on prior filings.
3. Fill out IRS Form 1040 using the provided guidelines.
4. If you're the executor/administrator, file the tax return and IRS Form 56.
5. If your loved one was married, consider filing a joint return if applicable.
6. Pay any taxes owed from the estate and manage refunds as specified in the will or per state law.
7. If you encounter difficulties or have questions, consult a tax professional or legal expert for guidance.