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New Member
posted Oct 30, 2019 11:31:22 PM

Am I responsible for filing my father’s final return? He had no will, no estate, and little money. No one was named the executor.

My father passed away with no will, and no estate. He did not own anything and had very little in the bank. 

It fell to me to pay for his funeral expenses, (because no one else would) so I applied for the CPP death benefit (which was issued to me and not the estate). 

Cash he had in the bank was reimbursed to me for funeral expenses, and the remainder was paid to my brother and I (less than $500 each, given at the bank’s discretion since there was no will).

I do not expect him to get a return on his taxes and really want nothing to do with his final paperwork. 

Am I required to file his final return since I am connected via the CPP benefit and funeral expenses? Or can I walk away?

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5 Replies
Level 13
Oct 30, 2019 11:31:23 PM

I'm sorry for your loss.  The final return is always required for a deceased person. On the final return, you must report the income earned by the deceased person between Jan. 1 and the date of death.

New Member
Oct 30, 2019 11:31:25 PM

Thank you, I know that a final return is always required for a deceased person, but what makes me, specifically, responsible for it? (As opposed to anyone else in the family). Is it just because I paid for the funeral and was reimbursed?

Level 13
Oct 30, 2019 11:31:26 PM

You are not specifically responsible for filing the final return, a final return must be filed though.

Level 1
Apr 23, 2020 7:34:27 AM

So Is it OK just fill the T1 form and sent it to CRA without signature?

Intuit Alumni
Apr 23, 2020 3:29:53 PM

No. If a taxpayer dies without a will and he has any amount of assets, a Final return must be filed and a representative has to sign it. It is not a regular T1-general return.

Without a will, there is no legal representative yet > so an affidavit has to be submitted to CRA to allow a family member or a relative to be a tax representative. This affidavit is governed by the province of the deceased. 

 

Any assets or bank fund left cannot be distributed without a trust return. A court has to point an administrator since there is no executor. 

 

This link has information regarding the affidavit and the instate situation:

https://www.canada.ca/en/revenue-agency/services/tax/individuals/life-events/what-when-someone-died/affidavit-form-intestate-situations.html

 

I hope this was helpful