Frequently Asked Questions

Generally yes if the estate or trust has $600 or more of gross income during the tax year (or has a nonresident alien beneficiary).

Form 1041 is due by the 15th day of the 4th month after the end of the estate’s or trust’s tax year (e.g., April 15 for calendar‑year filers).

Estates may elect a fiscal year ending on the last day of any month (the first year can be less than 12 months). Most trusts must use a calendar year, though a §645 election can let a qualified revocable trust align with the estate’s year.

For decedents dying in 2025, the federal basic exclusion is $13.99 million (up from $13.61 million in 2024).

Form 706 is generally due 9 months after the date of death. Estates can request an automatic 6‑month filing extension by filing Form 4768 on or before the original due date; payment of any tax is still due at 9 months.

Possibly. To elect portability (so a surviving spouse can use the deceased spouse’s unused exclusion), you must file Form 706 even if no estate tax would otherwise be due. If you missed it, Rev. Proc. 2022‑32 provides a simplified late‑election relief window of up to 5 years after death for estates not otherwise required to file.

File Form 709 for gifts exceeding the annual exclusion ( $19,000 per recipient in 2025 ), among other triggers. The return is due April 15 of the year following the gift (extensions available via your income‑tax extension or Form 8892).

Beneficiaries are taxed on distributions to the extent of Distributable Net Income (DNI); estates/trusts deduct those amounts. Beneficiaries receive a Schedule K‑1 (Form 1041) showing their share of taxable items.

Beyond the >$600 income rule, an estate/trust may need to file due to the presence of nonresident alien beneficiaries; details are in the 1041 instructions and IRS guidance for fiduciaries.

Yes—estates/trusts that will owe tax often need to make estimated payments using Form 1041‑ES to avoid underpayment penalties. See the 1041 instructions and Form 1041‑ES package for thresholds, schedules, and exceptions.

Tip: If portability or filing deadlines were missed, act promptly—late‑election relief under Rev. Proc. 2022‑32 is time‑limited.

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