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FAQs / Probate Process / How is the Internal Revenue Service (IRS) involved in the probate process?

How is the Internal Revenue Service (IRS) involved in the probate process?

One of the duties of the personal representative of an estate is to pay the estate’s debts, often referred to as “creditors” during the probate process.  This includes any taxes that the decedent owes to the federal government.  The personal representative will often be responsible for filing the decedent’s final income tax return, Form 1040, as well as any necessary estate income tax return, Form 1041.  In Florida, there is no state level estate tax, aka death tax, as well as no inheritance tax.  The vast majority of estates are well below the threshold for federal estate tax liability with the exemption being over $11 million per individual at the moment.

For most estates going through probate, the IRS will not be served with notice to creditors and will not file a claim in the proceedings.  If you are uncertain regarding the decedent’s tax liability, it is prudent to obtain the last three years of the decedent’s tax returns and to file a request for a quick assessment from the IRS.  If you have any particular questions about the taxation of an estate, we recommend that you contact an experienced accountant or trust an estates attorney to help guide you through the process.

Probate Process FAQs

  • Where is probate handled?
  • Do I need the original will?
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  • My spouse died and left a will leaving his assets to me and my children. Do we have to probate the will?
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  • How long will probate take?
  • How can an attorney assist me in the probate process?
  • Why Is It Important to Know the Names and Addresses of the Family Members and Relatives of the Deceased?
  • What is probate?
  • What are Letters of Administration in Probate?

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