Avoid Postmortem Final Tax Return Pitfalls

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Final Tax Return
KS and MO Attorney Kyle E Krull

Written by Kyle Krull

Attorney & Counsellor at Law Kyle Krull is founder of Harvest Law KC, an Estate Planning Law firm located in Overland Park, KS. Estate Planning Attorney Kyle Krull has provided continuing education instruction to attorneys, accountants, and financial professionals at local, state, and national programs.

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POSTED ON: October 20, 2026

Final tax returns, refunds, deductions, and estate administration must be settled prior to distribution of assets to heirs.

A final tax return must be filed after death.

The government does not treat dying as an excuse to avoid taxes.

Ben Franklin was right: "The only two certainties in life are death and taxes."

While the decedent will not be personally responsible for this task (obviously), those overseeing the estate administration must file a final tax return, along with numerous other responsibilities.

When family members are named executors or trustees, overwhelming grief can make the role even more challenging.

The government may require both a final income tax return and an estate return.

To ensure taxes are handled properly, it is important to understand estate administration responsibilities, refunds, and liabilities.

Executors cannot avoid filing a final tax return.
A final tax return must be filed for income the decedent earned through the date of death.

A Final Tax Return May Still Be Required

An income tax return must be filed for the year the individual died.

The income included on the return should address what was received from the first of the year to the date of death.

Who is responsible for filing this income tax return?

In general, the executor or other authorized representative must file the final tax return.

Income sources to include on the tax return may include retirement distributions, wages, investments, and other sources.

It is a mistake to assume tax obligations disappear at the moment of death.

Refunds Can Be Part of the Estate

A final tax return may result in a tax refund.

When a refund is issued, it typically becomes part of the estate and is overseen by the estate administration process.

To claim the refund, the executor may need to take additional steps.

Filing the final income tax return is easier when you keep records of income, financial accounts, and prior tax filings.

Estate Income May Create Additional Filing Duties

Death does not immediately end financial activity for an estate.

Assets often generate ongoing income through rental income, capital gains, interest, dividends, and other sources during estate administration.

The type and sources of income will determine whether an estate must file its own income taxes.

In these cases, executors may have to file multiple income tax returns.

Keep Good Records

When records are missing or disorganized, estate and tax administration are challenging.

To fulfill their duties, executors often require access to retirement account information, investment statements, real estate records, prior tax returns, and documentation of deductible expenses.

Creating an organized record of financial information during estate planning can help executors distinguish between income generated before and after death.

Estate planning extends beyond document creation to ensure loved ones can access key records.

Coordinate Tax Work with Estate Administration

Although a final tax return is an important part of estate administration, executors or trustees have responsibilities beyond that.

Estate administrators may also need to manage property, pay legitimate expenses and debts, collect assets, communicate with beneficiaries, and distribute remaining assets.

Many of these aspects are intertwined.

Selling real estate or investments can have tax consequences.

Retaining certain assets may lead to additional income for the estate.

Estate administration requires coordinating tax filing with other duties.

What are Key Final Tax Return Takeaways?

A final tax return for the deceased should include income received from the start of the year through the date of death.

When the executor claims refunds issued to a deceased individual, they become part of the estate and are subject to administration guidelines.

Estate income from rentals, interest, dividends, or other earnings may require a separate income tax return for the estate.

The executor must pay all outstanding expenses and debts before distributing the remaining assets to heirs.

By organizing your estate plan and financial documents, you can simplify the tax and administration process for your loved ones.

This post is for informational purposes only and does not provide legal advice. You should consult an attorney for advice on any specific issue or problem. Nothing herein creates an attorney-client relationship between Harvest Law KC and the reader.

Reference: USA Today (February 16, 2026) "Why IRS tax refunds after death can take over a year and what to do"

 

 

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