In order to file taxes for a deceased person, do we actually need to go to court or should their Will be enough to proceed?

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In order to file taxes for a deceased person, do we actually need to go to court or should their Will be enough to proceed?

In 2005 my husband paid for paperwork for a Will for his dad. His dad filled in the Will information had witnesses sign it and had it notorized as set forth in the documents. The Will does state that my husband is the executor of his dad’s estate as well as the beneficiary. We attemped to file his father’s taxes but the IRS is asking for an official court docuement in order to process a refund. How do we proveed?

Asked on April 19, 2012 under Estate Planning, Michigan

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  In order for your husband to have any authority under the WIll he has to prepare a pettion to present the Will for probate and be appointed as the executor with Letters Testamentary issued to him by the Probate Court.  If the IRS is asking then I would assume that you do.  Good luck.


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