Deceased Parents with no Will

Forum|Forum|2 years ago
April 11, 2024
3 replies
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My wife's parents passed in November of 2023. There is no Will, no executor or personal representative. I'm trying to file their 2023 return but it appears I'm not allowed to file until an executor or a personal representative is assigned. Is it true I'm not able to file their 2023 return or file an extension before an executor or a personal representative is assigned? They are due a refund.

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Best answer by M-MTax

If there is no will or other testamentary document and the only property is cash in a bank account then her sister should file the return if she's already "handling things".

M-MTax

Is your wife in charge of her parents' property? IRS Publication 559

A personal representative of an estate is an executor, administrator, or anyone who is in charge of the decedent's property.

David581Author

There is nothing in writing but her sister is handling things. There is no property just some funds in a savings account.

M-MTaxAnswer

If there is no will or other testamentary document and the only property is cash in a bank account then her sister should file the return if she's already "handling things".

BillM223

These rules vary from state to state, so we strongly encourage you to contact an attorney in their state (not yours) who is familiar with the passing of property from one generation to another.

As for the tax return, M-MTax's answer will likely prove to be correct for the tax return, but you will have 101 other issues to sort out, so you will need legal help, which we do not provide on this forum.

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