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Category: Canada Tax
Satisfied Customers: 2019
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I am the executrix of my Moms estate.

Resolved Question:

I am the executrix of my Mom's estate. Mom passed away last year. I heard that you cannot file the income taxes for the estate while the estate is still in Probate. Is that correct? 


I see that this was sent to a UK tax expert!  Can you please refer this to an accountant in Ontario, Canada. 


Thank you.

Submitted: 4 years ago.
Category: Canada Tax
Expert:  mclemorelawyer replied 4 years ago.


Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.


No, that is not correct. Any taxes taxable to your mother (which is through the day she passed away) are reportable on a final personal income tax return for your mother. After that date and until the property of the estate is distributed to the beneficiaries, any income is taxable to the estate. The estate would file an IRS form 1041 to report the income (and any state equivalent estate or fiduciary income tax return). Upon distribution of the estate, the estate would file a final 1041 (and state equivalent). Thereafter, the beneficiaries would report any income on their personal income tax returns. The estate would file a return for every year there is taxable income regardless of whether the estate administration is complete.


Nevermind. You posted this in US legal category. I'll opt out and allow a Canada expert to respond as it may be different in Canada.

Expert:  Copperlaw replied 4 years ago.

Hi There


Tax law is complicated. Estate law is complex. Combine the two and you get the potential for a very complicated matter, so it's not surprising you have questions and this likely won't be the last. I would hope that the lawyer handling the probate for you can give you some sound direction and that you have retained the services of an accountant to handle the tax matters.


Essentially, you'll need to file the taxes based on the relevant information for the 2012 taxation year. This can and should be done separate from the final tax filings of the Estate, as these amounts likely won't be known for some time, certainly not until the Estate is dealt with and the final capital gains, taxes etc, are all known.


So no, you do not have to wait until the Estate matters are complete in order to file and should file the latest taxes forthwith, particularly if you expect that it will be some time until the final Estate numbers are known.


Please let me know if you require any further information.





Category: Canada Tax
Satisfied Customers: 2019
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Customer: replied 4 years ago.
Thank you Jim. I am supplying the accountant forthwith with all the relevant information for the 2012 taxation year. If there are other taxes after Probate has been settled I will deal with it at that time.