The Peck Group, LC
  • Comprehensive Tax Law Representation Since 1995

    We handle every aspect of tax law: preparing tax returns, representing clients during audits, resolving IRS and state tax controversies, and creating tax planning strategies for the future.

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    Our attorneys are committed to providing efficient and effective tax solutions for individuals and businesses in Georgia and nationwide.

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    Our lawyers help individuals and businesses with all aspects of estate and tax planning. We help our clients use proactive strategies to minimize tax implications in the future

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    Does it feel like the government has all the power? Taxpayers have rights, too. We use our knowledge of tax law to shift the balance of power and ensure that your rights are protected.

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Do I need to file a tax return for a loved one who passed away?

When someone close to you passes away, there are an overwhelming number of emotions and responsibilities to contend with. Probably the last thing on your mind is the decedent’s income tax obligations. However, it’s important to know that an income tax return must still be filed for this person.

In this article, we walk through the basics of this process:

Who files the return?

If the decedent has a surviving spouse, this person may file jointly with the decedent. Otherwise, the executor typically handles this process.

How do I file for a deceased person?

Filing for a decedent is similar to filing for yourself. The first step is to gather the decedent’s appropriate tax documentation (e.g., W-2, 1099 and interest statements). If you are unable to locate the necessary documentation, then you can request it from the IRS.

In order for the IRS to release this information to you, you will need to demonstrate that you are authorized to have it. You must submit the following information as proof:

  • The name, address and Social Security number of the decedent
  • A copy of the decedent’s death certificate
  • A copy of court-approved Letters Testamentary or, if none is available, IRS Form 56 – Notice Concerning Fiduciary Relationship

If the decedent has failed to file taxes for multiple years leading up to their death, you must also file for these years. To obtain the tax filing history of the decedent, you can file a Request for Transcript of Tax Return (IRS Form 4506-T).

Can I get an extension?

If you need extra time to file a tax return for a decedent, you may file an extension. However, this extension only pushes back the deadline to file. If the decedent owes any money in taxes, you are still responsible for paying it by the regular deadline.

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The Peck Group, LC
5855 Sandy Springs Circle N.E., Suite 190
Atlanta, GA 30328

Phone: 770-884-6914
Fax: 770-933-2369
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