Successor Trustee Forms Withholding Tax
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FAQ
Withholding ? Withholding cannot be distributed to the beneficiaries. It must be refunded to the trust or estate.
If you are a guardian, trustee, administrator, or another person responsible for a decedent's estate, you are required to file Form 56. If there are multiple trustees for one estate, each trustee will be required to file IRS Form 56. A single Form 56 only establishes one relationship between a trustee and an estate.
Whether or not the trustee can withhold funds from you depends on the terms of the trust itself. If the trust requires withholding distributions under certain circumstances, such as the beneficiary reaching a specific age, the trustee must follow those stipulations.
An individual or entity that is willing to accept fiduciary responsibility for tax matters must file an IRS Form 56, Notice Concerning Fiduciary Relationship to be able to act as the taxpayer with the IRS.
The successor trustee should file a Form 56, Notice of Fiduciary Relationship, with IRS to advise that the trust maker has passed away, and the successor trustee will be filing future tax returns.