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Modesto California Form Instructions 706: What You Should Know
You must use this form to: A statement: a. Is an acknowledgment that at his or her death the decedent's estate is divided according to such a scheme as established by court order, for life for the surviving spouse, and for decedents other than spouses, for at least 5 years. b. Must also contain the name and address of each surviving spouse and of the surviving spouses with children younger than age 18. No other information is required unless there is a change in the scheme of distribution. The statement also may not contain any information that is irrelevant to the provisional transfer of property described in section 2054(d) or (e). The statement is signed by the executor (or other representative) and may be signed by others acting on the basis of that representation. The surviving spouse (and any surviving spouse with dependents) must sign the statement and must be aged 18 or older. Do not include a witness' signature. The statement must be signed no later than 5 p.m. (Eastern time) on the date of the executor's death and is valid for one year, except if the estate is subject to a valid election of the taxpayer. The executor must mail the statement to the Commissioner of Income Tax within 3 business days after the date of its receipt. Note: Do not attach a notice filed for a tax liability that is not attributable to the estate. If you are an executor of a decedent's estate and have a valid marriage-related estate tax loan or a marital deduction agreement, attach an explanation of that agreement to the statement and sign it with the executor's name. If you sign the statement, you must date the statement and provide the date the tax agreement or loan was made. Payments made after the 5th day after the date of the executor's death to the executor do not require a Form 706-NA. There is no need to provide any information to the IRS for the purpose of attaching an invoicing declaration to the statement. Payment of a tax liability may still be required even if the statement is not required.
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