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Form 1041 (Schedule D) Houston Texas: What You Should Know
Form 1041 for the estate must be filed if the estate receives any amount from the sale, exchange, gift, devises in devise, or gift in contemplation of death. Exceptions — A Form 1041 for the estate is not required for a nonresident alien, alien and dependent children, or the executor of a deceased person's estates to report income, gain or loss on real property or an interest in real property and for trusts. When filing a Form 1047 or 1049 for the estate, the filer may attach to the return an information statement regarding the net income of the decedent from the decedent's life expectancy, which may be filed with Part 13 of the return. Attachment to Form 8972 for the estate of a decedent in the decedent's sole estate — Schedule D (Form 1041) If the decedent was married and had a spouse who died before the decedent (such as a common law spouse or as a child of the decedent), the spouse must file an original and one copy of the decedent's final death certificate for the spouse (or if a deceased child, the decedent's final death certificate) with Form 8972. For information on the form to be filed with Part 13 of Form 940 for the decedent's estate, see “Form 940, Information Returns — Final Death Certificate” section. The original spouse's death certificate must be filed with Part 13. Award of Trust for the estate of a decedent — Forms 1041 and 8972 A death certificate from the decedent's spouse or spouse's estate must be filed for the decedent's spouse, if the decedent was married and had a spouse who died before the decedent, the estate must file an original certificate with Form 1041. A death certificate from an outside person does not mean that the decedent was married for any purpose other than to receive a grant for the granter. The death certificate from a person outside the decedent's marital residence was a grant to the granter, but not to the decedent. A certified copy of any written grant from outside the decedent's marital residence was a grant to the decedent in his or her sole right of survivorship. See “Grant of Trust for a Deceased Person” section for information on the form to be filed with Part 13 of Form 940 for the decedent's estate.
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