The estate and executor (personal representative) still have quite a few obligations. Read on for an overview of inheritance law in California.
Taxes and Inheritance Law
As stated above, California does not impose taxes on estates or inheritances. However, the estate still has to file tax returns.
- EIN (Employer Identification Number): The estate must file for an EIN before filing any tax returns. There is no charge and it can be done entirely online, or by fax or mail.
- Federal/State Income Tax Returns: The deceased’s final personal income tax returns must be filed by the usual tax return deadline (typically April 15) in the year following their death.
- Federal Estate/Trust Income Tax Return: This must be filed by the usual tax return deadline in the year following the individual’s death.
- Federal Estate Tax Return: For individual estates with a gross asset and prior taxable gift value above $11.4 million, this must be filed nine months after the individual’s death.
- Extensions: Extensions for these returns are generally very easy to obtain.
Hi. My grandfather passed in 2010 and grandmother in 2021. My uncle lives in their house and is/was part owner of the house. My grandfather had a will that stated the surviving children will split his share of the house. My uncle now denies this and told my mother there’s no will. We are unsure what her rights are and what we can do. The house is in Daly City. Thank you for reading this message. Shannon
Hi Shannon, thank you so much for sharing. Please give us a call at 650.261.9791 so we can talk about how we can help.
Hello. My father just recently passed away and I am his only biological child. He was remarried to his fourth wife and they were married three years before his death. In 2017 my father had appointed me power of attorney over his estate, but his newest wife is telling me that my dad reappointed her daughter to be in charge of his estate. They were only married three years and they had no community property together but his wife is trying to cut me off. Can you please assist me? Thank you.
Hello, my grandfather passed some time ago as well as his wife They had property together. She left her brother as administrator of the property. My family members have received letters. They are asking us to sign a Waiver of Accounting. The lawyer said my family is not entitled to anything anyway.. I f that is so why would they need us to sign this.
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My mother passed away in 2020 my sister filed an Affidavit of Death in 2021 my mother never had a will now my sister passed away in 2022 my sibling filed affidavit of death tenecy Grant deed what I want to know is since my mother passed without a will did that give my other siblings rights to claim the property or dose the property belong to all of my mother’s children and if so what can I do before the property is sold and the rest of us receive nothing
My name is Jesus Marin from Redwood City, California. I grow in Redwood city but am now living abroad with my wife. My father passed away and there is a will that i have never seen. My eldest sister is the only one who has seen it and is the person in charge under law. I would like to just view it and see what is in it. My sister just says all our siblings are in the will but thats it. No details. Would I be able to access a copy while abroad? Can I have it looked at by a professional ?
Thank you. J Marin