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June 30, 2022
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Form 56, Authority for non probate executor

  • June 30, 2022
  • 2 replies
  • 0 views

Hello,

I filed a final tax return for my deceased mother who passed on August 2021. 

  • The estate did not go through probate as it was not required and I am named executor in her will which is valid. 
  • I used Turbotax and the return included Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
  • The IRS sent me a letter (5071C) requiring me to verify my identity through Id.Me.  Seemed like a reasonable request so I did so.
  • Waited for the refund for 12 weeks, "wheresmyrefund.com" indicates the  return is till being processed.  So I called.  The agent told me I needed to file form 56.  How I am supposed to know this I do not know, they never contacted me requesting this form and no IRS instructions I have found to date indicate I should file form 56 with a decedents final return.

Questions:

  1. Am I required to file form 56?  The IRS seems to think so....
  2. How do I complete section A : Authority, options are:

a Court appointment of testate estate (valid will exists)

b Court appointment of intestate estate (no valid will exists)

c Court appointment as guardian or conservator

d Fiduciary of intestate estate

e Valid trust instrument and amendments

f Bankruptcy or assignment for the benefit or creditors

g Other. Describe

  • a-c does not apply as I have not been appointed by any court.
  • d does not apply as there is a valid will
  • e does not apply as there is no trust instrument
  • f does not apply as there was no bankruptcy
  • That leaves g....  is that the correct answer?
    • Description is:  Named executor in a valid will for the deceased?
    • Do I need to provide a copy of the will?

I tried calling the IRS for help with form 56 and the live person who was directing my call directed me to a recorded message that said the IRS does not answer questions on this form, use the website.....  How's that for customer service....

 

Any guidance on this would sure be appreciated....

Best answer by Anonymous_

You should seek guidance from a local tax professional if the refund is substantial.

 

Otherwise, you can return the letter along with Form 56. You might also want to include a copy of the previously filed Form 1310.

2 replies

Employee
June 30, 2022

You should seek guidance from a local tax professional if the refund is substantial.

 

Otherwise, you can return the letter along with Form 56. You might also want to include a copy of the previously filed Form 1310.

Employee
June 30, 2022

Also, you can use (g) and your description should suffice:

 

Named executor in a valid will for the deceased

 

You can also include your relationship.

 

Note: Expect the time for processing to be extended.

April 14, 2025

Did the line g solution work for you? Did you need to provide a copy of the will?  I have a similar situation.

arnermdAuthor
April 15, 2025

It did work eventually....  took a long time to get the refund.  As best i recall I did not have to mail in a copy of the will.

 

Sorry for your loss.

April 15, 2025

Thank you for this information. Very helpful!