What records are needed to prepare a federal estate tax return?
Key takeaway
A federal estate tax return on Form 706 is filed with specific records. The IRS requires the death certificate, a certified copy of the will for a U.S. citizen or resident who died testate, and certified instruments for any power of appointment the decedent held. Executors must also report lifetime transfers and make a reasonable effort to find gifts that were never reported.
Documents that accompany the return
The IRS says the death certificate must accompany Form 706. For a U.S. citizen or resident decedent who died testate, a certified copy of the will is required.
If the decedent ever held a power of appointment, certified copies of the granting instrument and of the exercising or releasing instrument must be filed. That applies even if the executor contends the power was not a general power.
Lifetime transfers and prior gift returns
All lifetime transfers other than outright non-trust transfers and bona fide sales must be reported on Schedule G of Form 706, whether or not the preparer thinks they are taxable.
Executors must make a reasonable effort to discover any gifts above the annual exclusion that the decedent made, or that were made on the decedent's behalf under a power of attorney, for which no Form 709 was filed.
A taxpayer who does not know which years a gift tax return was filed can send the IRS a written request for a gift tax account record.
When there is no probate and a trustee controls the estate, the IRS requires a no-probate statement and either a Certificate of Trust or the full trust instrument to obtain a gift tax account record or return.
Entries that carry a statement under oath
Entering zero for any of Part V items 1 through 9 of Form 706 is the executor's statement, under penalties of perjury, that the gross estate contains no includible assets of that type.
Core administration records
A New Jersey estate administration checklist requests core records that include the will, death certificates, property records, tax returns, accounts, insurance and beneficiary information.