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Page 2 of 2 ET-30 (1/24)
Instructions
Note: The executor may be held personally liable for unpaid estate The term executor includes executrix, administrator, administratrix,
tax up to the value of the assets that were distributed before the or personal representative of the decedent’s estate; if no executor
New York State estate tax was paid in full. The surviving spouse, is appointed, qualified, and acting within the United States, executor
all beneficiaries, and any other person in possession of property means any person in actual or constructive possession of any
included in the New York gross estate may be held personally liable property of the decedent with sufficient knowledge to file an accurate
for unpaid estate tax up to the value of property received from the return.
estate (NYS Tax Law § 975).
This person may file Form ET-85 or Form ET-706 to obtain a release
Note: A release of lien is not required if the real property was held of lien, and must assume personal liability for all estate taxes that
jointly by the decedent and the surviving spouse as the only joint may be due.
tenants. There is no fee for a release of lien.
Specific instructions
When to use Form ET-30 Complete the information requested about the decedent. Verify that
Use this form to obtain release(s) of an estate tax lien if you are the decedent’s Social Security number is correctly entered on the
the appointed executor or administrator of the estate, or the duly application. Submit a photocopy of the death certificate with the
authorized representative of the executor, and fewer than nine application.
months have passed since the date of death.
For the estate of an individual who was not a resident of New York
Note: Waivers are not required for the estate of an individual State at the time of their death, complete Form ET‑141, New York
whose date of death is on or after February 1, 2000. However, State Estate Tax Domicile Affidavit, and attach it to the return.
the need to obtain a release of the estate tax lien before transferring
real property remains. If a person is authorized to represent the executor regarding the
estate, and the executor prefers the department contact that person,
Submit either Letters Testamentary or Letters of Administration enter the name (last name first) of the attorney, accountant, or
with the application as proof of your appointment, unless enrolled agent representing the executor. Also enter the firm’s name,
previously submitted. To be acceptable, the letters of appointment address, and telephone number in the areas provided.
must be current and must not restrict the executor from receiving
estate assets. If the executor has signed Form ET‑14, Estate Tax Power of
Attorney, and it is being submitted with this application, attach it to
Letters of appointment issued by a court outside New York State are the application and mark an Xin the box. Note: Unless a change in
acceptable if the decedent was not a resident of New York State at the representation or authority is being made, Form ET‑14 should only
time of death, and the court has jurisdiction over the decedent’s estate. be submitted to the department once. You do not have to send the
ET-14 in with each estate tax form you file. If Form ET‑14 was
Enter the executor’s name, address, Social Security number, and submitted previously, be sure to indicate the form it was sent in with,
telephone number in the area provided. If the estate has more than and the date that the form was submitted in the header section of
one executor, enter the information for any executor (preferably the return.
one who is a New York State resident) in the area provided, mark
an Xin the box, and attach a list of the other executors with their Complete and attach Form ET‑117, Release of Lien of Estate Tax,
addresses, telephone numbers, and Social Security numbers. if a release of lien is needed for real property or a cooperative
apartment. Two parcels of real estate can be listed on one form.
When to use forms other than Form ET-30 However, if the real property is located in different counties or a
release of lien is needed for more than one cooperative apartment,
Use Form ET‑706, New York State Estate Tax Return, when the estate a separate Form ET‑117 must be completed for each county or
is required to file a New York State estate tax return, and either: apartment. The name and address of the executor, or authorized
1. The estate has not obtained an extension of time to file the estate representative, should be entered at the top of Form ET‑117 for
tax return, and more than nine months have passed since the mailing purposes.
date of death; or
2. The estate obtained an extension of time to file the estate tax Mail this form with Form(s) ET‑117 to:
return, and more than 15 months have passed since the date of NYS ESTATE TAX
death (the extension has expired). PROCESSING CENTER
PO BOX 15167
Use Form ET‑85, New York State Estate Tax Certification, if either of ALBANY NY 12212-5167
the following applies: Private delivery services – If not using U.S. Mail, see
1. The estate is not required to file a New York State estate tax Publication 55, Designated Private Delivery Services.
return, and either:
a. no executor or administrator has been appointed, or Privacy notification
b. more than nine months have passed since the date of death. See our website or Publication 54, Privacy notification.
2. The estate is required to file a New York State estate tax return,
and either:
a. fewer than nine months have passed since the date of death, Need help?
and an executor or administrator has not been appointed; or
b. more than nine but less than 15 months have passed since Visit our website at www.tax.ny.gov
the date of death, and an extension of time to file the estate
tax return has been granted. • get information and manage your taxes online
If the estate is subject to tax, an estimated payment may be required • check for new online services and features
when Form ET-85 is filed.
Telephone assistance
For information about the New York State estate tax filing
requirements, visit our website at www.tax.ny.gov. Estate Tax Information Center: 518‑457‑5387
To order forms and publications: 518‑457‑5431
00200201240094 Text Telephone (TTY) or TDD Dial 7‑1‑1 for the
equipment users New York Relay Service
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