Legal Question in Wills and Trusts in Illinois

Re: probate

You don't necessarily need it *before* probating the will. But, you need a tax id# for the probate estate because it is a separate taxpayer for income tax purposes. Someone or some entity has to pay tax on probate assets that earn income. The estate itself will file a 1041 for estate income, however, understand that any income that it passes out to beneficiaries gets passed on to those benes and is a corresponding deduction on the 1041.

Re: probate

Hello. Estate taxes may be

appropriate, depending upon

the size of the estate, there-

fore the court will want the

executor to have the Federal

Tax I.D. Number.