Death and Taxes for my Dad
Dad died, no death certificate yet, 2023 taxes not filed, what do ! do?
My dad passed last week and had basically nothing in terms of property nor cash (can’t access bank accounts yet but I’m pretty sure the $25 in his wallet and two lotto scratchers is everything he had). He was living in a nursing home due to some health issues and was on Medi-Cal. All I found was a 1099-NEC for $18200, and 1095-B stating he was covered for 12 months under Medi-Cal.
I won’t be getting the death certificate before April 15th.
Where do I even start?
ETA: there is no will, he is single (divorced from my mom in 2001), and knowing him he probably hasn’t filed taxes in a few years.
First—sorry you’re dealing with this. You’re asking the right question, and this is very manageable step-by-step. Don’t panic about April 15.
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✅ Big Picture (What actually matters right now)
• You do NOT need the death certificate to meet April 15
• The IRS allows extra time when someone passes away
• This is likely a simple final return (Form 1040 for 2023) based on what you described
• There’s a good chance little or no tax is owed depending on deductions/credits
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🔑 Step 1: Don’t Rush — File an Extension
File an extension using Form 4868.
Why:
• Gives you until October 15, 2024
• No death certificate needed
• Buys you time to do this correctly
👉 You (or anyone) can file it online in 5 minutes.
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🔑 Step 2: Determine Who Files the Return
Since:
• No will
• No estate opened yet
• You’re next of kin
You will likely file as “personal representative” once things are formalized.
If no probate is opened, the IRS still allows a family member to file the final return.
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🔑 Step 3: Gather What You Have (Minimal is OK)
Right now you only need:
• 1099-NEC → $18,200 income
• 1095-B → confirms health coverage (no penalty issue)
That’s enough to start.
Later (optional but helpful):
• IRS transcripts (we can pull those)
• Any prior year returns if they exist
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🔑 Step 4: File the Final Return (When Ready)
You’ll file:
• 2023 Form 1040
• Check the box: “Deceased”
• Include date of death
• Sign as: “[Your Name], personal representative”
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🔑 Step 5: Understand the Tax Situation (Important)
This is where people overthink it.
Income: $18,200 (1099-NEC)
That means:
• It’s self-employment income
Likely outcomes:
• He may owe self-employment tax
• BUT…
Offsets:
• Standard deduction (~$13,850 for 2023)
• Possible medical deductions (nursing home = big deduction)
• Possibly very low or zero net tax
👉 Nursing home costs alone can wipe out the income.
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🔑 Step 6: What If He Didn’t File Prior Years?
Don’t guess—verify.
You can request IRS transcripts using:
• Form 4506-T
This will show:
• Missing returns
• Reported income
👉 If balances exist, don’t stress:
• With no assets, the IRS generally has nothing to collect
• You are NOT personally liable
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🔑 Step 7: Bank Accounts / Estate (Simple Version)
Since he had:
• No assets
• No will
You likely won’t need full probate.
Once you get the death certificate:
• You may use a small estate affidavit (depends on state)
• Banks may release small balances
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⚠️ Important Things People Mess Up
• ❌ Filing before getting full info
• ❌ Ignoring possible medical deductions
• ❌ Paying IRS out of your own pocket (don’t do that)
• ❌ Stressing about deadlines unnecessarily
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💡 CPA-Level Insight (This is key for your situation)
Given:
• Low income
• Medi-Cal
• Nursing home
👉 This return is often:
• Minimal tax
• Possibly even a refund if anything was withheld
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🧾 What I Would Do (Exact Plan)
1. File extension (today or this week)
2. Wait for death certificate
3. Pull IRS transcripts (I can help you do this)
4. Prepare 2023 return properly with medical deductions
5. Decide if prior years even need filing
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👍 Bottom Line
• You’re not behind
• You’re not liable for his taxes personally
• This is a straightforward final return + cleanup