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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 Oregon income tax return (Form OR-40 (Oregon Individual Income Tax Return)) must be filed for income earned through the date of death.ORS 316.362, 316.382, 118.100, 118.010 et seq.Verified May 27, 2026 If the estate earns income during administration, a federal fiduciary return (Form 1041) and Oregon fiduciary return (Form OR-41 (Oregon Fiduciary Income Tax Return)) may also be required. Estates exceeding $$1,000,000 must also file a Oregon estate tax return.
The final federal and Oregon income tax returns are due april 15 following year of death.ORS 316.362, 316.382, 118.100, 118.010 et seq.Verified May 27, 2026 The fiduciary return is due april 15 (calendar year); automatic 6-month extension.
Yes. Oregon Department of Revenue issues estate tax closing letters after the return is processed and tax is paid. The closing letter releases the estate tax lien. For estates below the $1,000,000 threshold, no return or clearance is needed. Allow 6-12 months for processing. ORS 118.100.ORS 316.362, 316.382, 118.100, 118.010 et seq.Verified May 27, 2026 Processing typically takes 6-12 months. Distributing assets without clearance may create personal liability for the executor or trustee.
Yes. Oregon imposes a state estate tax on estates exceeding $$1,000,000.ORS 118.010Verified May 27, 2026 This is separate from the federal estate tax. Estates above the state threshold must file a state estate tax return even if no federal estate tax is owed. See the full breakdown with the Oregon 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) and the Oregon estate tax return (for estates over $$1,000,000).
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 Oregon executor checklist covers all filing responsibilities in order.
In-depth guides covering Oregon probate laws, trust requirements, and estate planning strategies.
2 filings required
Tax Clearance Required Before DistributionORS 316.362, 316.382, 118.100, 118.010 et seq.Verified May 27, 2026
Oregon Department of Revenue issues estate tax closing letters after the return is processed and tax is paid. The closing letter releases the estate tax lien. For estates below the $1,000,000 threshold, no return or clearance is needed. Allow 6-12 months for processing. ORS 118.100.
Processing time: 6-12 months
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 returnORS 316.362, 316.382, 118.100, 118.010 et seq.Verified May 27, 2026
A final state return is required for income earned through the date of death.
Form: Form OR-40 (Oregon Individual Income Tax Return)
Deadline: April 15 following year of death
File estate income tax returnNot requiredORS 316.362, 316.382, 118.100, 118.010 et seq.Verified May 27, 2026
A fiduciary return is only required if the estate earns income above the filing threshold (Required if estate has gross income of $600+ or any Oregon-source income — ORS 316.382 (filing requirement); ORS 316.287 (fiduciary adjustment)).
File estate tax returnNot requiredORS 118.010Verified May 27, 2026
The estate value ($0) is below Oregon's exemption of $1,000,000.
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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