Three returns, and which ones apply to you

  1. The final individual return, Form 1040, covering the part of the year the person was alive. Almost every family files this one.
  2. The estate's income tax return, Form 1041, if the estate itself earns income during administration — interest, dividends, rent, a gain on a sale.
  3. The federal estate tax return, Form 706, which applies only to very large estates and which almost nobody files.

"Estate tax" and "income tax on the estate" are different things and are constantly confused. The first is a tax on transferring wealth and reaches almost no one. The second is ordinary income tax on money the estate earned after the death.

Source 4

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Why estate tax almost certainly does not apply

Federal estate tax applies only above an exclusion amount that runs into the millions of dollars per person and is indexed annually. The overwhelming majority of estates are nowhere near it, and a surviving spouse can generally inherit without estate tax regardless of size.

Sahvelo does not state the current exclusion figure here because it changes every year and a stale number is worse than none. The IRS publishes it, and the link is below.

A separate question is state-level tax, and it is not one question but two. Twelve of the states Sahvelo has reviewed levy an estate tax, charged to the estate on its size. A smaller minority levy an inheritance tax, charged to each person who receives, at a rate set by how they were related to the person who died. A state can have one, the other, both or neither, and the two are constantly mistaken for each other — including by people who have just been told their state "has no estate tax" and reasonably conclude that nothing is owed. Sahvelo has verified the position in the five states below and does not list the rest.

If someone is selling you estate tax planning for an ordinary estate, ask them to show you the number that makes it apply.

If the bank says the account is frozen

This happens in states that levy an inheritance tax, and among the states Sahvelo has verified it is New Jersey. Because the tax is a lien on everything the person owned from the moment they died, a bank, a brokerage or a transfer agent is not permitted to hand over a resident's assets until the state issues written consent. Branch staff often describe this as the account being frozen and stop there.

It is not fully frozen, and three things are available immediately without any waiver at all. Half of the account can be released now, to the executor, administrator, legal representative or surviving joint tenant. A check made payable to New Jersey Inheritance or Estate Tax can be honored in any amount the account will cover. And a check the person wrote before they died can be honored if it is presented within ten days of the death.Source 14

For the other half, close family do not have to wait for the state. Form L-8 is a self-executing waiver: a Class A beneficiary files it directly with the bank or the brokerage firm, not with the Division of Taxation, and it substitutes for the full waiver for everything except real estate.Source 14Source 13

A great deal of property is outside this entirely and needs no waiver of any kind — wages and unused leave, pension and profit-sharing payments, US savings bonds, household goods, personal effects, cash, and every motor vehicle. Real property a couple held as tenants by the entirety passes to the survivor without one, and so do assets already held in a trust.Source 14

Property that transfers without a waiver still has to be reported on the return. Not needing consent to move something is not the same as it being outside the tax.Source 14

Which form you need is a decidable question, and New Jersey publishes the decision as a flowchart. Three things close the easy route: any beneficiary who is not Class A, any asset passing under a disclaimer, and any asset passing into or through a trust. Fail one of those and the estate files a full return, Form IT-R. Clear all three and it splits by asset — Form L-9 to the Division of Taxation for real estate, Form L-8 to each financial institution for bank accounts, New Jersey stocks and bonds and brokerage accounts. There is a fourth path where the only complication is a trust whose beneficiaries are all believed to be Class A: Form L-4 asks for waivers, without a guarantee.Source: N.J. Division of Taxation, Resident Inheritance Tax Flowchart (deaths on or after 1 January 2018) (opens in a new tab)•Source 14

A mutually acknowledged child is Class A and owes nothing — and is barred from Form L-8 anyway, along with siblings, sons- and daughters-in-law, nieces and nephews, ex-spouses, step-grandchildren and charities. Owing no tax and being able to prove it quickly are different questions.Source: N.J. Division of Taxation, Form L-8 — Affidavit for Non-Real Estate Investments (02/18) (opens in a new tab)•Source: N.J. Division of Taxation, Resident Inheritance Tax Flowchart (deaths on or after 1 January 2018) (opens in a new tab)•Source 14

Take Form L-8 to the bank. It says so on the form: do not mail it to the Division of Taxation, because you will not get a waiver back. And Form 0-1, the full waiver, cannot be downloaded or filled in yourself at all — only the Inheritance Tax Branch issues it.Source: N.J. Division of Taxation, Form L-8 — Affidavit for Non-Real Estate Investments (02/18) (opens in a new tab)•Source: N.J. Division of Taxation, Tax Waiver Requirements (opens in a new tab)•Source 13Source 14

There is a clock, and it is not the one most families expect. The return is due and the tax is payable within eight months of the death, and interest runs at ten per cent a year from that same date. Form IT-EXT buys time to file and no time at all to pay. None of it can be filed electronically.Source: N.J. Division of Taxation, Inheritance Tax Filing Requirements (opens in a new tab)•

Three limits sit inside the half a bank may release. It is half of the whole account rather than half for each claimant, whether the account was in one name or joint. Stocks and bonds are outside the blanket rule entirely, so a brokerage may release nothing without the Director's written consent. And whether a retirement account is frozen turns on who is holding it: an IRA at a bank needs a waiver, the same IRA as an annuity administered by an insurance company does not.Source: N.J. Division of Taxation, Tax Waiver Requirements — Blanket Waiver (opens in a new tab)•Source: N.J. Division of Taxation, Tax Waiver Requirements — specific waiver situations (opens in a new tab)•

Two checks can still be paid out of the frozen remainder. One made payable to New Jersey Inheritance or Estate Tax may be honored in any amount the account will cover, so the tax can be paid from the money the tax is freezing. And a check the person wrote before they died may be honored if it reaches the bank within ten days, and it comes off the top before the fifty per cent is worked out.Source: N.J. Division of Taxation, Tax Waiver Requirements — Blanket Waiver (opens in a new tab)•

The lien runs fifteen years from the date of death, and it exists whether or not any tax is ever assessed. That is why a bank asks for a waiver from a family that owes nothing.Source: N.J. Division of Taxation, Tax Waiver Requirements (opens in a new tab)•

Source 13Source 14

What to file, and when

In order. Only the first phase applies to most families.

The final individual return

Due on the ordinary date for the year of death

  1. April 15 following the year of death

    File the final Form 1040

    It covers income from 1 January to the date of death. The due date is the ordinary one for that tax year — normally 15 April of the following year — regardless of when in the year the death happened. A personal representative can request an extension in the usual way.Source 1
    • A surviving spouse can usually still file a joint return for the year of death.
    • Write "DECEASED", the person's name and the date of death across the top of the return.
    • Returns for earlier years that were never filed are also the personal representative's responsibility.
  2. Claim any refund with Form 1310

    A refund owed to someone who has died is not paid automatically. Form 1310 is how a claimant asks for it. It is not needed if you are a surviving spouse filing a joint return, or a court-appointed representative filing the original return with the court certificate attached.Source 2

    Do after: file final

    This is the most commonly missed money in the whole estate process. Nobody at the IRS calls to say a refund is sitting there.

  3. Only if it applies

    Tell the IRS who is acting, with Form 56

    Form 56 notifies the IRS of the fiduciary relationship, so correspondence about the deceased person reaches the personal representative rather than an empty house.Source 3

    Do after: file final

If the estate earns income

During administration

Only if there is income after the death — interest, dividends, rent, or a gain on selling something.

  1. Only if it applies

    Get an EIN for the estate

    The estate is its own taxpayer once it has income, and it needs its own number. Free, and issued immediately online.
  2. Only if it applies

    File Form 1041 for the estate

    Required once the estate's gross income for the year reaches the filing threshold. Income distributed to beneficiaries is generally taxed to them rather than to the estate, which is reported on a Schedule K-1.

    Do after: get ein tax

Only for very large estates

Nine months from the date of death

If you are not sure whether this applies, it almost certainly does not.

  1. Nine months from the date of death Only if it applies

    File Form 706 if the estate exceeds the federal exclusion

    Due nine months after the date of death, with an available extension. A surviving spouse may also want to file to preserve the unused exclusion for later, which is a decision to take with an accountant rather than from a page.

What your state wants, by state

The federal picture above is the same everywhere. What differs by state is not mainly the threshold, which most families will never approach — it is who the state charges, what has to be filed even where nothing is owed, and which office it goes to. A minority of states tax an estate or the people inheriting from it. A larger number levy nothing and still want a document: a return with no tax on it, a lien released, a clearance the probate court will not close the estate without. Those are the differences that cost a family time and a sale, and they are the ones a national summary leaves out.

Whether the state taxes the estate itself

A minority do, and the answer 'no' does not mean nothing is owed or nothing is filed

The answer in 50 states

Who the tax is charged to, if anyone

The question the estate-tax answer does not settle

The answer in 50 states

The thing that catches people

Usually procedural, and usually not the tax

The answer in 50 states

What closing out with the state looks like

Which office, which form, and by when — including where no tax is due

The answer in 50 states

Sahvelo has read all fifty states at their own sources for this. Each answer below cites what it rests on, and a state whose rule has moved since it was read says so beside the answer. Where a state is recorded as having no estate tax, that is the department's own affirmative statement, its published estate procedure, or the repealing or self-terminating section of its own code — never an inference from the absence of a page.

Questions people ask about this

  • Do I pay income tax on what I inherit?

    Generally no. An inheritance is not income to the person receiving it for federal income tax purposes. What is taxable is income the inherited asset produces afterwards, and withdrawals from an inherited retirement account, which are taxed as income when taken.
  • Who signs the final return?

    The personal representative, and a surviving spouse as well where a joint return is filed. If nobody has been appointed, the person filing signs as the one in charge of the decedent's property, which the IRS's own definition contemplates.Source 4
  • The final return shows tax owed and the estate has no money.

    The tax is a debt of the estate and takes its place among the estate's obligations. It is not automatically a personal debt of the executor or the family — but a personal representative who distributes assets and leaves federal tax unpaid can be held responsible for it, which is a specific and well-known exception.
  • They had almost no income. Do we still have to file?

    Only if a return was required for them at all, which depends on gross income, age and filing status in the ordinary way. It is still often worth filing where tax was withheld, because that is how the refund gets claimed.
  • What about state taxes?

    A state income tax return may be required on the same footing as the federal one. Separately, a minority of the states Sahvelo has reviewed levy an estate tax on the estate, and fewer still levy an inheritance tax on the person receiving. Sahvelo has verified five states, set out above, and would rather say so than list the rest from memory. If you are in one Sahvelo has not verified, the question worth asking is not only "does my state have an estate tax" but "does my state tax what I receive" — they are different taxes and a state can have either without the other.
  • Why does my brother owe New Jersey tax on his share and I owe nothing on mine?

    Because New Jersey charges the person receiving, not the estate, and the rate depends on the relationship. A child is Class A and pays nothing. A sibling is Class C and pays above an exemption. It is not an error in the will or the accounting, and equal shares can carry unequal tax. Where each of you lives makes no difference; where the person who died lived does.Source 10Source 11Source 12

Where this sits in the process

Before this

These produce something this topic needs.

Related

Sources

The federal rules have one authority and it publishes plainly. The state positions come from each state's own revenue department, and New Jersey publishes more of the mechanism than most.

  1. IRS Publication 559 — Survivors, Executors, and Administrators (opens in a new tab)

    When the final individual return is due, and that the date does not move with the date of death.

    irs.gov Checked 2026-08-12

  2. IRS Form 1310 and instructions — Statement of Person Claiming Refund Due a Deceased Taxpayer (opens in a new tab)

    How a refund owed to a deceased taxpayer is claimed, and the two exceptions.

    irs.gov Checked 2026-08-12

  3. IRS Form 56 — Notice Concerning Fiduciary Relationship (opens in a new tab)

    How a fiduciary notifies the IRS.

    irs.gov Checked 2026-08-12

  4. IRS Publication 559 — Survivors, Executors, and Administrators (opens in a new tab)

    Who counts as personal representative, and what they are responsible for.

    irs.gov Checked 2026-08-12

  5. N.Y. Tax Law §952 (Estate tax imposed) — New York State Senate (opens in a new tab)

    New York: the estate tax, and the credit cliff at 105% of the exclusion.

    nysenate.gov Checked 2026-08-12

  6. Florida Department of Revenue — Florida Estate Tax (opens in a new tab)

    Florida: the affirmative statement that there is no estate tax, and the abolished affidavit.

    floridarevenue.com Checked 2026-08-12

  7. Arizona Department of Revenue — Fiduciary and Estate Tax (opens in a new tab)

    Arizona: the fiduciary income thresholds and the Certificate of Taxes documents.

    azdor.gov Checked 2026-08-12

  8. California Franchise Tax Board — Estates and trusts (opens in a new tab)

    California: the prompt-assessment request that cuts four years to eighteen months.

    ftb.ca.gov Checked 2026-08-12

  9. New Jersey Division of Taxation — Estate Tax rates by date of death (opens in a new tab)

    New Jersey: the estate tax repeal, stated by date of death rather than inferred.

    nj.gov Checked 2026-08-12

  10. New Jersey Division of Taxation — Inheritance and Estate Tax (opens in a new tab)

    New Jersey: that the inheritance tax is charged on what a beneficiary receives, and that residence of the beneficiary is not a factor.

    nj.gov Checked 2026-08-12

  11. New Jersey Division of Taxation — Inheritance Tax Beneficiary Classes (opens in a new tab)

    New Jersey: the beneficiary classes, including the stepchild line that does not reach a step-grandchild.

    nj.gov Checked 2026-08-12

  12. New Jersey Division of Taxation — Inheritance Tax Rates (opens in a new tab)

    New Jersey: the rate bands by class, and the Class C exemption.

    nj.gov Checked 2026-08-12

  13. New Jersey Division of Taxation — Tax Waiver Requirements (opens in a new tab)

    New Jersey: the 15-year lien and the waiver a bank must have before releasing assets.

    nj.gov Checked 2026-08-12

  14. New Jersey Division of Taxation — Tax Waiver Requirements, blanket waiver and Form L-8 (opens in a new tab)

    New Jersey: the blanket waiver releasing half immediately, the self-executing substitute, and the property needing no waiver at all.

    nj.gov Checked 2026-08-12

Sources last reviewed 2026-08-12. Where a source is marked pending re-verification, the page says so wherever the claim appears.

Every federal rule here is quoted from the IRS's own publication or form page. The current exclusion amount is deliberately not stated, because it changes annually and a stale figure is worse than a link. The state positions are quoted from each state's revenue department or, for New York, from the statute; where a state has no estate tax that is the department's own affirmative statement or its published estate procedure, not an inference from silence. New Jersey's inheritance tax classes, rates and waiver requirements are quoted from the Division of Taxation. Sahvelo has verified five states and does not extrapolate to the rest. Anything involving a large estate, a business, or a beneficiary in a distant class is a question for an accountant.