Trust Return dates

[Sunowayne]

Jurisdiction

California

My father died October 1, 2025 leaving a substantial estate in a trust.
It is my understanding a 706 return or 4768 extension needs to be filed within 9 months - July 1, 2026.
I just asked for a copy and was told it didn't need, and will not, be filed until July 15, 2026….Tomorrow.
Ignoring why they wait until the last minute —— and are filing an extension…
Will the IRS consider this late if filed on July 15, 2026?
Thanks!

 

[Zigner]

It is late.

 

[zddoodah]

My father died October 1, 2025 leaving a substantial estate in a trust.

Are you a/the trustee? A beneficiary? Both? Neither?

I just asked for a copy

Asked whom?

and was told it didn't need, and will not, be filed until July 15, 2026

Told by whom?

Ignoring why they wait until the last minute —— and are filing an extension…

Who are "they"? Also, "filing for an extension" seems to contradict "filed [on] July 15."

Will the IRS consider this late if filed on July 15, 2026?

Of course a thing that must be filed on July 1 is late if filed on July 15.

 

[Tax Counsel]

My father died October 1, 2025 leaving a substantial estate in a trust.
It is my understanding a 706 return or 4768 extension needs to be filed within 9 months - July 1, 2026.
I just asked for a copy and was told it didn't need, and will not, be filed until July 15, 2026….Tomorrow.
Ignoring why they wait until the last minute —— and are filing an extension…
Will the IRS consider this late if filed on July 15, 2026?
Thanks!

The general rule for the Form 706 is that it must be filed within 9 months of the date of death or have the extension for the return filed by that date. If the extension is sent by mail, the USPS postmark date is the date that the extension is filed.

However, if the return was not required to be filed (e.g. the estate assets totaled less than the decedent's unified credit amount) and the sole reason for filing the return is to elect to transfer the deceased person's unified credit amount to his or her spouse, then the filing date is five years from the date of death. When filing the estate tax return only for the purpose of transferring the credit, you must write a specific statement on the return. See the instructions for Form 706 for the details.

The date of death was October 1, 2025. That means if his estate was required to file the return the return is now late; the return or the extension request had to be filed by July 1, 2026. The estate tax return is unlike the individual income tax returns, which always have a due date of the 15th of the month. For the estate tax return the deadline is exactly nine months after the date of death. If you hired a return preparer for the 706 and he or she did not understand this filing deadline that does not bode well for the quality of the return that will be prepared. Anyone in the business of preparing federal estate tax returns should know the filing rule and make sure the filing date is met. The consequences of filing it late can be very expensive. Note that the Supreme Court has held that the estate is not eligible for relief from the late filing penalty due to the preparer screwing up the filing date.

If the return is only being filed to transfer the unified credit amount then filing it today (June 15) is well within the five year period allowed.