Legal Question in Wills and Trusts in Georgia

I am not sure what you are referring to as an estate tax return. Estate taxes are only owed on large estates - the current value is $5 million (its actually a little higher under the new deal struck at the beginning of the year). Did your husband have an estate over $5 million? If so, then you don't need to be posting here and can afford to hire a probate and tax attorney who can assist.

If the estate is well under this, then no federal estate taxes are owed. GA has no inheritance tax or state estate tax if your husband died in 2012. Below is an excerpt from the GA Dept. of Revenue.

However, you still have to file a final 1040 for your husband (he may owe taxes for part of the year in which he died) and maybe an estate/gift tax return (form 706). However, I am not a tax attorney and this is not tax advice. But any CPA or possibly a probate attorney should be able to assist you in filing these form(s).

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https://etax.dor.ga.gov/inctax/webfaq/faq-est.aspx#1

Q. Does Georgia have an estate tax? Does Georgia have an inheritance tax? How does Georgia's estate tax work? What is the tax rate? How do I compute the tax? Can you send me a Georgia estate tax return or information?

A. Georgia has an estate tax for estates of decedents with a date of death before January 1, 2005 which is based on federal estate tax law. Georgia has no inheritance tax, but some people refer to estate tax as inheritance tax. The tax is paid by the estate before any assets are distributed to heirs. It is not paid by the person inheriting the assets. Georgia 's estate tax is based on the amount allowable as a credit for state death taxes on the federal estate tax return (Form 706). Use the tax table in the federal instructions to compute the credit. The amount paid to Georgia is a direct credit against the federal estate tax. Click here to go to the IRS� website.

The Economic Growth and Tax Relief Reconciliation Act (�EGTRRA�) of 2001 (H.R. 1836) modified the estate tax.

For individuals dying in 2002, the state death tax credit is reduced by 25% from the pre-2001 EGTRRA amount; for individuals dying in 2003, the credit is reduced by 50% from the pre-2001 EGTRRA amount; for individuals dying in 2004, the credit is reduced by 75% from the pre-2001 EGTRRA amount; and for individuals dying in 2005 and after the state death tax credit was repealed and replaced with a deduction.

Therefore, for estates of decedents with a date of death after December 31, 2004, Georgia estate tax does not apply to any estate with a date of death that occurred in a year for which the Internal Revenue Code does not allow a credit for state death taxes.

Georgia does not have an estate tax form. You must file a copy of the federal return with payment for the Georgia tax. The due date is the same as the federal due date, 9 months after the date of death. If no Federal estate tax return is required to be filed, no Georgia filing is required. Further information is available from the Georgia Department of Revenue�s Estate Tax Section.

Only about 1% of Americans have estates big enough to pay an estate tax. Ms. Hunter gave you some detailed information on the taxes. Note that most transfers from spouse to spouse are not taxed regardless of amount.

Regardless, the wife should get a lawyer to make sure probate is handled properly.