What Is a Personal Representative for Taxes?
A personal tax representative is responsible for making sure that a deceased person's individual and estate taxes are filed and paid. Personal representatives are responsible for ensuring these taxes are paid before property is distributed to any heirs. Find out more about tax representatives and how they handle taxes for estates.
The One Big Beautiful Bill that passed includes permanently extending tax cuts from the Tax Cuts and Jobs Act, including increasing the cap on the amount of state and local or sales tax and property tax (SALT) that you can deduct, makes cuts to energy credits passed under the Inflation Reduction Act, makes changes to taxes on tips and overtime for certain workers, reforms Medicaid, increases the Debt ceiling, and reforms Pell Grants and student loans. Updates to this article are in process. Check our One Big Beautiful Bill article for more information.
Key Takeaways
- A personal representative is an executor or administrator of a deceased person’s estate.
- The personal representative has at least three tax-related responsibilities: obtaining an employer identification number for the estate, filing all necessary tax returns for the decedent and the estate, and paying the taxes owed by the decedent and the estate.
- Taxes that the personal representative may have to file include personal income taxes of the decedent, estate income taxes, and estate taxes.
- The personal representative is legally liable for ensuring that the taxes get paid.
Executor, administrator, representative
A personal representative can be an executor or an administrator of the estate of a person who has died. If the "decedent" (the person who died) named someone to handle the estate in his or her will, that person is the executor. If the decedent's will doesn't name an executor, or if the named executor can't or won't do the job, a court can appoint an administrator to handle the estate.
The names are different, but the responsibilities are the same. The IRS uses the term "personal representative" to refer to both, since in either case, the individual is representing the estate before the IRS.
Tax duties of the personal representative
According to the IRS, a personal representative has three tax-related responsibilities:
- Get an Employer Identification Number (EIN) for the estate. When you die, your Social Security number effectively dies with you. Your belongings pass to your estate, which often needs an ID number of its own.
- File all the necessary tax returns for the decedent and the estate.
- Pay the taxes owed by the decedent and the estate. Representatives usually pay these taxes using the assets in the estate, not from their own money.
Employer Identification Number (EIN)
For tax purposes, an estate needs an Employer Identification Number, or EIN. Just as individuals need Social Security numbers to identify themselves to the IRS, entities such as businesses, organizations, estates and trusts need EINs.
Applying for an EIN on behalf of an estate is fairly simple and can be done online, by fax or through the mail. When you apply for an EIN on the IRS website, you usually can get the number immediately. By fax, it can take four days; by mail, it can take a month or more.
TurboTax Tip:
Taxes are usually paid out of the estate’s assets.
Filing necessary tax returns
Taxes that the personal representative may have to file include:
- Personal income taxes. The representative is responsible for filing an income tax return for the decedent for the year in which they died if required. If the decedent was married, the representative can work with the surviving spouse to prepare and file a joint return.
- Estate income taxes. Most estates earn income. Often the decedent's investments pass to the estate and can earn interest, dividends, rent, royalties or other money. If this is the case, the representative must file an income tax return on behalf of the estate using Form 1041.
- Estate taxes. Relatively few estates have to pay federal estate tax—as of 2025, the tax applied only to estates in excess of $13.99 million. This is up from $13.61 million for 2024. But if estate tax is due, it's the personal representative's responsibility to file the estate tax return, Form 706.
Paying the taxes
Just as a decedent's assets pass to the estate, so do the decedent's debts and other financial obligations. In general, taxes take precedence over other obligations—usually, they must be paid before the estate's assets can be distributed to the heirs. Taxes are usually paid out of the estate’s assets.
Although representatives are not expected to pay the decedent's taxes out of their own pocket, they are responsible for ensuring that the taxes get paid to the extent allowed by the estate's assets. Gross negligence or outright tax evasion by an executor can be punished with civil fines and criminal penalties.
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