How do I proceed with filing my deceased father’s income tax return?

UPDATED: Oct 1, 2022

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How do I proceed with filing my deceased father’s income tax return?

My father passed away June 2017, leaving behind no will, no spouse, and I am an only child. He owned a mobile home and a small truck. The truck was not running and the trailer was flooded by a hurricane, so at the time I thought it pointless to file anything in probate court. Now it is tax season and I’m unsure of what to do. Is there a statue of limitations on how long I have to file through probate court and will the court costs be substantial if I file a small estate affidavit? Is there any other option or procedure I must follow?

Asked on January 27, 2018 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss and the situation as it stands.  If I were you I would call your local bar association and ask if they have a referral service for an estate attorney and then call them and see if they give free or low fee consultations so that yu can find out the way to go here.  Estate returns are filed 9 months after death (IRS rules). However, if an individual leaves less that $5.49 million dollars in 2017 then no estate return is needed.  Good luck.

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