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Find out which tax returns you need to file after someone dies. See state-specific forms, deadlines, and whether tax clearance is required.
At minimum, a final federal income tax return (Form 1040) and a final New Jersey income tax return (NJ-1040 (New Jersey Resident Income Tax Return)) must be filed for income earned through the date of death.N.J.S.A. 54A:8-2, 54A:6-8, 54:34-2, 54:35-19Verified May 31, 2026 If the estate earns income during administration, a federal fiduciary return (Form 1041) and New Jersey fiduciary return (NJ-1041 (New Jersey Gross Income Tax Fiduciary Return)) may also be required.
The final federal and New Jersey income tax returns are due april 15 following year of death.N.J.S.A. 54A:8-2, 54A:6-8, 54:34-2, 54:35-19Verified May 31, 2026 The fiduciary return is due april 15 (calendar year); 6-month extension available via nj-630.
Yes. New Jersey requires a tax waiver before transferring certain assets: NJ real property, bank accounts, and brokerage accounts. An institution holding a decedent's funds may release up to 50% of the entire amount on hand without a waiver; the remaining funds require a waiver (no fixed dollar threshold). Class A and Class E beneficiaries (spouse, civil union partner, domestic partner, parents, grandparents, children, stepchildren) receive a "self-executing" waiver — Form L-8 filed with financial institutions. All others need Form 0-1 issued by the Inheritance Tax Branch of the NJ Division of Taxation. N.J.S.A. 54:35-19.N.J.S.A. 54A:8-2, 54A:6-8, 54:34-2, 54:35-19Verified May 31, 2026 Processing typically takes 4-6 months for Form 0-1. Distributing assets without clearance may create personal liability for the executor or trustee.
Yes. New Jersey imposes an inheritance tax, which is paid by the beneficiaries rather than the estate.N.J.S.A. 54:34-2 et seq.Verified May 31, 2026 The rate depends on the beneficiary's relationship to the deceased. Close family members (spouses, children) typically pay lower rates or are exempt entirely. Calculate the tax with the New Jersey death tax calculator.
Yes. Estate size does not affect the requirement to file a final income tax return. A final Form 1040 is required regardless of estate value if the deceased had income. What smaller estates typically avoid is the federal estate tax return (Form 706).
The executor named in the will (or the court-appointed administrator) is responsible for filing the final income tax return and any estate tax returns. If the deceased was married, the surviving spouse can file a joint federal return for the year of death. For trust assets, the successor trustee handles fiduciary tax returns. The New Jersey executor checklist covers all filing responsibilities in order.
In-depth guides covering New Jersey probate laws, trust requirements, and estate planning strategies.
3 filings required
Tax Clearance Required Before DistributionN.J.S.A. 54A:8-2, 54A:6-8, 54:34-2, 54:35-19Verified May 31, 2026
New Jersey requires a tax waiver before transferring certain assets: NJ real property, bank accounts, and brokerage accounts. An institution holding a decedent's funds may release up to 50% of the entire amount on hand without a waiver; the remaining funds require a waiver (no fixed dollar threshold). Class A and Class E beneficiaries (spouse, civil union partner, domestic partner, parents, grandparents, children, stepchildren) receive a "self-executing" waiver — Form L-8 filed with financial institutions. All others need Form 0-1 issued by the Inheritance Tax Branch of the NJ Division of Taxation. N.J.S.A. 54:35-19.
Processing time: 4-6 months for Form 0-1
Form: Form 0-1 (Inheritance Tax Waiver) / Form L-8 (Self-Executing Waiver)
More InformationFile final income tax return26 USC 6012(b)(1)
A final federal income tax return is required for income earned from January 1 through the date of death.
Form: IRS Form 1040
Deadline: April 15 following year of death
File estate income tax returnNot required26 USC 6012(a)(4)
IRS Form 1041 is only required if the estate earns $600 in gross income or more during administration.
File estate tax returnNot required26 USC 6018; 26 USC 6075(a)
The estate value ($0) is below the federal exemption of $15,000,000. IRS Form 706 is generally not required.
File final income tax returnN.J.S.A. 54A:8-2, 54A:6-8, 54:34-2, 54:35-19Verified May 31, 2026
A final state return is required for income earned through the date of death.
Form: NJ-1040 (New Jersey Resident Income Tax Return)
Deadline: April 15 following year of death
File estate income tax returnNot requiredN.J.S.A. 54A:8-2, 54A:6-8, 54:34-2, 54:35-19Verified May 31, 2026
A fiduciary return is only required if the estate earns income above the filing threshold (Required if estate has gross income exceeding $10,000 — N.J.S.A. 54A:6-8).
File inheritance tax returnN.J.S.A. 54:34-2 et seq.Verified May 31, 2026
New Jersey imposes an inheritance tax on what beneficiaries receive. Rates vary by relationship (4 classes). Spouses and certain close relatives are typically fully exempt.
Form: IT-R (New Jersey Inheritance Tax Return)
Deadline: 8 months after date of death (N.J.S.A. 54:34-5)
This tool provides general information about tax filing requirements after death. Tax situations vary based on individual circumstances. Consult a licensed tax professional or CPA for advice specific to your situation.
Get a complete guide for your specific circumstances.

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