A surviving spouse should file a joint return for the year of death and write in the signature area "filing as surviving spouse. An estate administrator must file the final tax return for a deceased person separate from their estate income tax return.If the deceased is owed money, the IRS Form 1310 should be used. That's the Statement of a Person Claiming Refund Due a Deceased Taxpayer. So for a decedent who dies in 2021, the filing deadline is April 15, 2022, assuming the standard December 31 tax year end is chosen. File and prepare the final individual income tax return of a deceased person the same way you would if the person were alive. Enter your filing status, income, deductions and credits and we will estimate your total taxes. Based on your projected tax withholding for the year, Probate is the legal process to distribute a person's property after they die. Many of our attorneys are board certified in tax law or estate planning or related areas and have worked with the IRS, the Department.