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How do I apply for an extension on Pa inheritance tax? I am waiting for settlement on the my mother's house

West Chester, PA |

The mortgage application was started during the second half of February and is still not completed.The underwriter says that he is waiting for a confirmation from the IRS stating that the buyer's tax form is correct before giving the final approval for the loan. It is taking forever--at least 3 weeks have passed with no progress. Is there any way to speed up that process?
I am open to any suggestions?

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Attorney answers 2


Inheritance tax in PA is due in 9 months from the date of death. You can get a discount of 5 percent if the tax is paid within three months. It sounds like the bank is trying to confirm that the buyers tax return is correct by requesting a copy of the return or a transcript from the IRS. Three weeks is not a long time for this process. If you are close to the deadline for filing and paying the inheritance tax, you could consider having a tax professional request the tax verification from the IRS. The bank would have to agree to this, and they may not since the verification is out of there control. You should also ask the bank how long this has been taking them with other loans.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.


Here is an excerpt from the filing instructions for the PA Inheritance Tax
Return which provides the answer as to when to file:

File as soon as possible after the decedent’s death, but not later
than nine (9) months from the decedent’s death. Failure to file
may subject the estate to a penalty of 25% of the tax ultimately
found to be due or $1,000 whichever is less. If the
return cannot be filed when due, an extension of time to file can
be requested from the Department of Revenue. The extension
request should include an estate file number as assigned by the
Register of Wills, if available. The extension request must be
made before the return is due, and should be mailed to:
PO BOX 280601
HARRISBURG PA 17128-0601
The Department’s granting of an extension to file does not
relieve the estate from payment of interest which will accrue
beginning nine (9) months and one (1) day from the decedent’s
death on any tax ultimately found to be due and not timely paid.
The extension request must include the decedent’s name, county,
file number, date of death, social security number and the reason
for an extention. Extensions will be granted for events
beyond the control of the estate such as litigation over assets and
will disputes. Extensions are not granted for events within the
control of the estate such as a failure to collect the information
needed to complete the return.

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Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties and services clients in all parts of Pennsylvania. He can be reached at 215-735-2336 or at the email address listed below. He has received a 10.0 rating from AVVO and recently was featured as a 5Star Wealth Manager in the Philadelphia Magazine, November 2009 issue on page 123.
Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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