Do I need to file form 1041 for my parent's estate with minimal income?
My dad passed away last year and I'm handling his estate as the executor. We sold his house at the stepped up basis for about $420k and also sold some mineral rights at stepped up basis for roughly $5,800. The only actual income the estate had was about $650 in royalties from a natural gas well on the property. I'm not sure if I need to file the Form 1041 (estate tax return) since there's basically no income after the stepped up basis sales. My brother is saying we have to file regardless, but I'm wondering if it can be skipped since the royalty amount is so small? Does the IRS require us to file the 1041 in this situation, or can we just distribute what's left and be done with it? I'd rather not pay my accountant for unnecessary paperwork if I don't have to.
21 comments


Olivia Van-Cleve
You generally need to file Form 1041 if the estate generates more than $600 in annual income, regardless of whether assets were sold at stepped-up basis. The $650 royalty from the gas well counts as income to the estate, which puts you just over that threshold. The sale of the home and mineral rights at stepped-up basis typically doesn't generate taxable income since the basis is adjusted to fair market value at date of death, so those transactions themselves don't trigger the filing requirement - but the royalty income does. While the amount is small, the safest approach is to file the 1041 to report that royalty income. The IRS does have the requirement based on the $600 threshold, and you've exceeded it.
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Mason Kaczka
•Thanks for the explanation! I've heard some people say there's a "final distribution" exception where you can just distribute the income to beneficiaries who then report it on their personal returns instead of filing a 1041. Is that a real thing or am I misunderstanding?
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Olivia Van-Cleve
•That's a good question. There is a concept called "income in respect of a decedent" where certain income items can flow directly to beneficiaries. However, this doesn't eliminate the filing requirement if the estate meets the $600 threshold. You could potentially distribute all assets including the right to the royalty income immediately to beneficiaries, but since the estate already received the income, the technical requirement to file would still exist. In practice, for amounts this small, some executors do take the approach you're suggesting, but it's not strictly compliant with IRS requirements.
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Sophia Russo
I went through something similar with my mom's estate last year. I found this amazing tool called taxr.ai (https://taxr.ai) that helped me figure out exactly what forms I needed to file. I uploaded the death certificate and some docs about the estate's income, and it immediately clarified that I did need to file a 1041 because of some minor interest income, even though most assets passed through with stepped-up basis. The tool analyzed everything and generated a checklist of required forms specific to our situation. It even explained exactly why the 1041 was needed despite the small amount of income. Saved me from making a mistake that could have caused problems later.
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Evelyn Xu
•Does it handle the actual filing too or just tell you what forms you need? I'm dealing with my aunt's estate and getting really confused about all this tax stuff.
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Dominic Green
•I'm a bit skeptical about these AI tools for tax advice. How accurate was it really? Did you verify the information with a professional? I'd be nervous trusting something like that with potential IRS issues.
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Sophia Russo
•It doesn't file for you - it just identifies what forms you need and explains why. It provides detailed explanations about your specific tax situation based on the documents you upload. Think of it as a pre-step before filing that helps you understand your requirements. I actually did verify with my accountant afterward, and he confirmed everything the tool recommended was correct. He was impressed that it caught a form requirement he might have overlooked given the small amount of income. The nice thing is it saved me from paying for a consultation just to figure out what forms I needed.
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Dominic Green
I want to follow up about my experience with taxr.ai after trying it. I was skeptical as mentioned, but decided to give it a shot with my aunt's estate situation. I uploaded the documents showing the property sale and some small dividend income. The analysis was surprisingly thorough and specifically addressed the Form 1041 requirement based on our income level. It explained exactly how the stepped-up basis worked for the property sale and identified that we needed to file because of the dividend income exceeding $600. The detailed explanations helped me understand WHY we needed to file, not just that we needed to. My accountant confirmed everything was spot on, and I saved money by going to him with clear questions rather than general confusion.
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Hannah Flores
Has anyone tried calling the IRS to get clarification on this? I spent THREE HOURS on hold last week trying to ask a simple question about my dad's estate taxes and never got through. My brother suggested using Claimyr (https://claimyr.com) after he saw a demo video (https://youtu.be/_kiP6q8DX5c). It basically holds your place in line with the IRS and calls you when an agent is available. I was dealing with a similar situation - small amount of royalty income about $700 and property sold at stepped-up basis. I needed to confirm whether I had to file the 1041. The Claimyr service got me connected with an IRS agent in about 45 minutes (while I went about my day), and they confirmed that yes, I needed to file because the royalty income exceeded $600. Saved me so much stress not having to sit on hold forever.
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Kayla Jacobson
•Wait, how does that actually work? Do they just call the IRS for you or what? Seems weird that a third party service could somehow get you through faster.
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William Rivera
•Sounds like a scam to me. The IRS is notoriously understaffed. I doubt some random service can magically get you to the front of the line. Did they charge you for this "service"?
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Hannah Flores
•They don't get you to the front of the line - they essentially wait in the phone queue for you. They use an automated system that calls the IRS, navigates the phone tree, waits on hold, and then calls you when a human agent is actually available to talk. It saves you from having to personally sit on hold for hours. The service doesn't interact with the IRS agent at all - they just connect you directly once an agent picks up. And yes, there is a charge, but I found it well worth it compared to wasting half my day on hold. I got a definitive answer about my 1041 filing requirement directly from the IRS without the torture of listening to their hold music for hours.
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William Rivera
I need to eat my words about Claimyr. After posting my skeptical comment, I was still struggling with getting answers about my brother's estate tax situation. Had a similar case with about $800 in royalty income and property sold at stepped-up basis. I tried Claimyr as a last resort and was shocked when I got a call back in about an hour saying an IRS agent was on the line. The agent confirmed that yes, I absolutely needed to file the 1041 because the royalty income exceeded the $600 threshold, regardless of the stepped-up basis transactions. They even gave me some helpful tips about how to properly report the property sale to avoid any confusion. This saved me from potentially making a costly mistake - I was ready to skip filing the 1041 entirely. And not having to sit on hold for hours was honestly life-changing given how busy I am settling this estate.
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Grace Lee
I'm an accountant (though not yours, so this isn't formal tax advice), and I think there's a bit of confusion in some of these answers. Here's my take: Yes, technically the $650 in royalties exceeds the $600 threshold for filing a 1041. However, there's another consideration - the "reasonable time" period for estate administration. If the estate is being closed within a reasonable time after death and all assets are being distributed to beneficiaries, including the right to that royalty income, you could potentially distribute that income to the beneficiaries who would then report it on their individual returns (via Schedule E). This approach can sometimes eliminate the need for a 1041. That said, the absolutely safest approach is to file the 1041, especially if the estate remained open for some time after receiving that income.
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Amara Torres
•This is really helpful, thank you! We're actually closing the estate now, about 8 months after dad's death. The royalty payment came in about 3 months ago. Does that count as "reasonable time" or have we held it too long to use the distribution approach?
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Grace Lee
•Eight months is generally considered within a reasonable timeframe for estate administration, especially with real property involved. If you're closing the estate now and distributing all assets including that royalty income, you could potentially use that approach. However, since the royalty payment was received by the estate 3 months ago and presumably not immediately distributed, you're in a bit of a gray area. The conservative approach would be to file the 1041 to report that income. If you choose to distribute it now and have the beneficiaries report it instead, make sure to document your decision process and reasoning in case of questions later.
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Mia Roberts
Honest question - what happens if you just don't file the 1041 in this situation? The tax on $650 would be tiny, and it seems like such a hassle for such a small amount. Has anyone just skipped it with small amounts like this?
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The Boss
•I skipped filing for my mom's estate when we had about $520 in interest income (under the $600 threshold) and a house sold at stepped-up basis. But I wouldn't feel comfortable skipping it if the income was over $600. The penalties for not filing required returns can be pretty steep compared to the small amount of actual tax.
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Olivia Van-Cleve
•Not filing a required return is never a good idea. While the tax amount may be small, the failure-to-file penalty starts at 5% of unpaid taxes for each month or part of a month the return is late, up to 25%. There can also be additional penalties for failure to pay. Moreover, if the estate needs to close legally, having unfiled tax returns can create complications with the probate court. It's usually not worth the risk and potential headaches down the road, especially when the actual tax liability is likely to be minimal anyway.
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Ava Martinez
I was in a very similar situation with my grandmother's estate last year - we had about $580 in dividend income and sold her home at stepped-up basis. Initially I thought we were under the $600 threshold and wouldn't need to file, but then we received a small final dividend payment of $95 that pushed us over. My estate attorney explained that once you cross that $600 income threshold, you're required to file the 1041 regardless of how small the amount is. The actual tax liability ended up being around $30, but the peace of mind was worth it. One thing that helped was that many tax software programs now handle Form 1041 for simple estates, so you might not need to pay your accountant the full amount if it's straightforward. TurboTax and FreeTaxUSA both have estate tax modules that can handle basic situations like yours. Given that you're just over the threshold with royalty income and stepped-up basis asset sales, it should be pretty straightforward to prepare.
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Ava Thompson
•That's really helpful to know about the tax software options! I was dreading having to pay my accountant several hundred dollars just to file a simple 1041 for such a small amount. Do you remember roughly how much the software cost compared to what an accountant would have charged? And was it pretty user-friendly for someone who's never dealt with estate taxes before?
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