An income tax return for the decedent’s estate must be filed if the estate had income for the year of $600 or more.  The estate’s income tax return is filed on IRS Form 1041.  The preparer must collect all the IRS Forms 1099 and Schedules K-1 evidencing income to the estate during the year.  These income statements must be issued in the name of the estate and using the Taxpayer Identification Number (TIN) of the estate (not the decedent’s Social Security Number).  The estate’s TIN also must be included on the estate return.  Separate Schedules K-1 showing distributions to the beneficiaries of the estate must be filed with the estate return and copies must be provided to the beneficiaries.  If the estate owes income taxes, the full amount of the taxes must be paid when the estate return is filed (note that if the estate has been open for more than two years, it might be necessary to begin making estimated tax payments for the estate).  The estate return must be signed by the personal representative and filed with the IRS center for the personal representative’s state.  The estate return must be filed by the 15th day of the fourth month following the end of the fiscal year of the estate (if the estate uses a calendar year, the due date is April 15, 2010).

In the same way, the trustee of a trust (other than a revocable trust for which the grantor and the trustee are the same person) must file an income tax return for the trust.  The trust’s income tax return must be filed on an IRS Form 1041 separate from that filed for any other trust or estate, unless a specific election has been made.

If you have questions about your responsibility to file a final individual income tax return for the decedent or an income tax return for the decedent’s estate,  consult IRS Publication 559, which provides detailed information about these filing requirements.  The publication will be available from the IRS’s internet website (as of this date, Publication 559 for 2009 is not yet available).  A certified public accountant or other tax return preparer may also help you to understand your responsibility and to prepare the required returns.