Skip to main content
March 24, 2023
Question

final retun

  • March 24, 2023
  • 1 reply
  • 0 views

My mother-in-law passed away in 2022 and I am preparing her final return form 1040 to be mailed in.  At the end of the preparing the return, TurboTax program says I have to include the Court order appointing an executor.   My Mother-in-law had a living will so there was no need for a court proceeding or a court order.  Is there anyway to get around the need to include a court order in the filing? 

1 reply

March 24, 2023

No, a Court Order is not needed when filing a Final Return for your mother-in-law in this case. 

 

Be sure you indicated in the MY INFO section that the taxpayer is deceased and check the box that 'you are preparing this return for a deceased person'.

 

When there is no executor or administrator, whoever is responsible for filing the return should sign the return and note that they are signing "on behalf of the decedent."

 

TurboTax will complete Form 1310  for you if a Refund is due.  You won't need Form 56. 

 

Here's more info on Death in the Family. 

 

Sorry for your loss.

 

@BruceBShiba