Originally Posted by minim84
Is it true that an estate tax(1041) cannot be filed until a will is probated in court?
It depends;If the person who died did not have any property to transfer, probate is usually not necessaryMany assets do not need to go through probate, including:assets held in trust (for example, a revocable living trust designed to avoid probate); assets owned in joint tenancy or tenancy by the entirety
Whether or not a formal probate proceeding is required depends on what assets the deceased person owned, and how he or she held title to them. It does not depend on whether or not there is a valid will
Until probate court passes the property in the estate to the deceased person's heirs, the estate remains a separate legal entity.