Cary, NC asked in Tax Law and Probate for California

Q: My brother passed away in September 2017. Probate is required. I was court-appointed as the estate administrator in

Feb 2018. My EIN was also issued by the IRS in Feb 2018. How do I select the proper tax year, e.g. calendar year vs. fiscal year? If calendar year, I assume it would be Jan-Dec 2018? If fiscal year then when-to-when? The estate had no income in 2017. Thanks.

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1 Lawyer Answer

A: Dear Cary NC:

Normally, you select your tax year when you apply for the EIN. If you did not select one, it will default to a standard year.

However, I would check the IRS confirmation letter and with your tax professional to ensure you are correct on the tax year. One should never guess with the IRS.

This appears to be the second procedural question your have posted in this forum. This forum is for general questions about probate, estate and trust issues. It is not intended to act as a substitute for qualified legal representation or as a step by step guide.

If you are uncertain of how to proceed with the probate, there are many good books on California probate. And, the advice of a competent, California licensed attorney cannot be recommended strongly enough. As the representative, you can face personal liability for the cost of any mistakes. If you do not know where to find an attorney, I would suggest contacting the County Bar association in the county where the probate is pending. Most county bar associations provide a lawyer referral service that matches you with an attorney for a low or no fee.

Best of luck.

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