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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
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Experience:  10 years experience
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I have read that the administrator of the estate must file

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I have read that the administrator of the estate must file all final taxes for the decedent. What if the decedent was married, would taxes not be filed by spouse? Are taxes filed immediately after estate closes?

Wallstreet Esq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.

Wallstreet Esq. :

The administrator in most situations would be the spouse, but if the spouse was not appointed the Administrator would file a tax return for the Estate,

Wallstreet Esq. :
id="TXMP22377c68" class="p">An estate is a taxable entity separate from the decedent and comes into being with the death of the individual. It exists until the final distribution of its assets to the heirs and other beneficiaries. The income earned by the assets during this period must be reported by the estate under the conditions described in this publication. The tax generally is figured in the same manner and on the same basis as for individuals, with certain differences in the computation of deductions and credits, as explained later.

The estate's income, like an individual's income, must be reported annually on either a calendar or fiscal year basis. As the personal representative, you choose the estate's accounting period when you file its first Form 1041. The estate's first tax year can be any period that ends on the last day of a month and does not exceed 12 months.
Wallstreet Esq. :

A personal representative of an estate is an executor (executrix), administrator (administratrix) or anyone who is in charge of the decedent's property. The personal representative is responsible for filing any income tax return(s) and the estate tax return when due. Please refer to Publication 559, Survivors, Executors, and Administrators, for additional information on personal representative responsibilities.

Wallstreet Esq. :

The IRS allows a surviving spouse to file joint returns for the taxable year in which the death occurred and, if the death occurred before the date that the decedent's return for the immediately preceding year was due, for the taxable year immediately before the year of death.

Wallstreet Esq. :

The Administrator should discuss the personal tax return issue with the spouse to make sure their is no problem with two people filing a personal return for the deceased.

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