New York State Estate Tax Certification Instructions
This file contains important instructions for filling out Form ET-85 for New York State Estate Tax Certification. It explains the eligibility requirements, filing process, and details necessary for estate executors and beneficiaries. By following these instructions, users can ensure compliance with New York state estate tax laws.
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How do I fill this out?
To fill out this form, gather all relevant information about the decedent's assets and estate. Ensure you have the correct decedent's Social Security number and necessary documentation such as the death certificate. Follow the prompts on the form and submit it as directed.

How to fill out the New York State Estate Tax Certification Instructions?
1
Gather essential documents including the death certificate.
2
Complete the decedent's information accurately.
3
Detail all assets and liabilities as of the date of death.
4
Ensure correct calculations of any taxable gifts.
5
Submit the form in accordance with the provided instructions.
Who needs the New York State Estate Tax Certification Instructions?
1
Executors of the estate who need to ensure tax compliance.
2
Beneficiaries wishing to verify estate tax responsibilities.
3
Surviving spouses seeking to understand tax implications.
4
Estate Attorneys requiring specific filing instructions.
5
Accountants handling estate tax matters for clients.
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What are the instructions for submitting this form?
To submit Form ET-85, mail it to the NYS Estate Tax Processing Center at PO Box 15167, Albany NY 12212-5167. If you need to use a courier service instead of U.S. Mail, please consult Publication 55 for designated private delivery services. Ensure that all necessary documents, such as the death certificate and any power of attorney, are included with your submission to avoid processing delays.
What are the important dates for this form in 2024 and 2025?
In 2024 and 2025, decedents who died will need to adhere to the filing regulations for Form ET-85 based on changes in state tax laws. Key dates include the deadlines for submissions and any changes in the basic exclusion amounts. Ensure timely filing to avoid penalties and complications in estate processing.

What is the purpose of this form?
The purpose of Form ET-85 is to certify that an estate qualifies for release from New York State estate tax obligations. This form serves as a guide for executors in understanding their responsibilities and the necessary documentation required for filing. Completing this form accurately is crucial for the smooth processing of estate matters in compliance with state law.

Tell me about this form and its components and fields line-by-line.

- 1. Decedent Information: Includes the decedent's name, Social Security number, and date of death.
- 2. Executor Information: Requests details about the executor, including contact information.
- 3. Asset Details: Captures a detailed account of the decedent's assets at the time of death.
- 4. Liabilities: Information regarding any liabilities associated with the estate.
- 5. Signature: Signature field for the executor or applicant to validate the form.
What happens if I fail to submit this form?
Failing to submit Form ET-85 can result in serious consequences for the estate and its executors. Without this certification, the estate may face delays in the distribution of assets and potential tax liabilities. It is crucial to submit the form to ensure compliance with New York tax regulations.
- Penalty Fees: Late submissions may incur financial penalties affecting the estate.
- Delays: Failure to file can delay asset distribution to beneficiaries.
- Personal Liability: Executors may become personally liable for unpaid estate taxes.
How do I know when to use this form?

- 1. Non-filing Estate: Use this form when the estate is not required to submit a tax return.
- 2. Executor Appointment Delays: Applicable if an executor is not yet appointed after nine months.
- 3. On Extension: File when an extension has been granted for tax return submission.
Frequently Asked Questions
What is Form ET-85 used for?
Form ET-85 is used to certify that an estate does not owe New York State estate taxes and provide necessary information about the decedent's estate.
Who can fill out Form ET-85?
Form ET-85 can be filled out by the estate's executor, administrator, or individuals with a vested interest and knowledge of the decedent's assets.
How do I submit Form ET-85?
You can submit Form ET-85 by mailing it to the New York State Estate Tax Processing Center at the specified address.
What happens if I fail to submit this form?
Not submitting this form can lead to penalties, interest on unpaid taxes, and complications in the administration of the estate.
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Do I need to provide a death certificate with Form ET-85?
Yes, you must attach a photocopy of the death certificate along with Form ET-85 when submitting.
What if I have additional questions about Form ET-85?
For further inquiries, you can contact the New York Estate Tax Information Center listed in the instructions.
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