Form M23 Instrucons
Use Form M23 to claim a refund for a deceased taxpayer for:
• Property tax refund
• Individual income tax refund
• Credit for military service in a combat zone
Complete a separate form for each refund you are claiming.
Include the Death Cercate
Include a copy of the decedent’s death certicate with the completed Form M23. Your claim cannot be processed without it.
If the Decedent’s Return has not Been Filed, but will be Filed
Electronically
• For tax year 2016 or later, complete Form M23 and attach a copy of the decedent’s death certicate with your electronic return.
• For tax year 2015 or prior, fax a completed copy of Form M23 and the decedent’s death certicate
to 651-556-3124
24 hours prior to
ling your electronic return.
On Paper
• Include a completed Form M23 and a copy of the decedent’s death certicate with the return you send.
If the Decedent’s Return has Already Been Filed
The department will issue the refund check to the decedent and mail it to the decedent’s address. If you are eligible to receive the decedent’s
refund, mail the completed Form M23, a copy of the decedent’s death certicate, the refund check, and any other enclosures to:
Minnesota Decedent Refund
Mail Station 4110
600 N. Robert St.
St. Paul MN 55146-4110
Note: If the refund has not been issued, fax the M23 and a copy of the decedent’s death certicate to 651-556-3124.
If your claim is approved, the department will reissue the refund check with the information from the accepted Form M23.
Who can claim the refund?
Homestead Credit Refund (for Homeowners) or Renter’s Property Tax Refund (Form M1PR)
If the decedent died before ling their Form M1PR or died after ling but before receiving the refund check, only the decedent’s surviving
spouse or dependent can claim the refund. No one else, including the personal representative of the estate, can apply for the decedent’s refund.
You are a dependent of the decedent if you could be claimed as a dependent on the decedent’s income tax return.
If the decedent did not le an income tax return and you are under age 19 (under age 24 if a full time student), or you did not have to le an
income tax return for the years of the refund, check the Homestead Credit Refund (for Homeowners) and Renters Property T
ax Refund instruc
-
tion booklet to see if you are a dependent.
If the decedent died after receiving the refund but had not cashed the check, the refund is considered part of the estate.
Income tax refund or credit for military service in a combat zone
The personal representative of the decedent’s estate is entitled to claim income tax refund and credit for military service in a combat zone for
the decedent.
If you have been appointed as personal representative, you do not have to le this form. Instead, when you le the decedent’s nal tax return,
enclose a copy of the court document showing your appointment as personal representative.
If no personal representative has been appointed, no surviving spouse, and the value of the estate is less than $50,000, you are entitled to claim
this refund for the decedent only if you are the rst living person on the list on Form M23.
If more than one person can claim the refund
If more than one person can claim the refund or credit, all of the eligible persons must agree which one will receive it. That person must then
have all the other eligible persons give their consent by signing the waiver form at the bottom of the form.
For example, if you are one of several children of the decedent, you must obtain the consent of the other children by having them sign the
waiver form.
If Taxes or Debts are Owed
If the decedent owed any Minnesota or federal taxes, criminal nes, a debt to a state agency, district court, qualifying hospital or public library,
state law may require us to apply the refund or credit to the amount owed (including penalty and interest on the taxes). If the debt is less than
the refund, you will receive the dierence.
Use of Informaon
All information you provide on Form M23 is private by state law and cannot be given to others without your consent, except to the Internal
Revenue Service (IRS), to other states that guarantee its privacy by law, to Minnesota courts, and to other Minnesota state, county and local
government agencies. The Social Security numbers are required under M.S. 289A.12, subd. 13.
Informaon not Required
Information requested on Form M23 is required by law to determine if you are eligible to receive the decedent’s refund. The only information
you are not required to provide is your telephone number. However, we ask that you provide it in case we have to contact you. If you do not
provide the required information, the department will send Form M23 back to you.