The Short Answer

In Florida probate, the person with legal authority to request a decedent’s IRS tax transcripts is typically the court-appointed personal representative (executor). In practice, that authority is proven with your Letters of Administration, but whether the IRS will release transcripts can depend on the exact request, the tax years involved, and whether the estate is properly opened and documented.

What Florida Law Says

Florida law places estate administration—including handling tax-related obligations—under the control of the personal representative. That matters because the IRS generally requires proof that the requester has fiduciary authority for the estate before it will release a decedent’s tax information.

The Statute

The primary law governing this issue is Fla. Stat. § 733.608.

This statute establishes that estate assets are in the hands of the personal representative for purposes that include paying expenses of administration and taxes, which is the legal foundation for the personal representative to act on tax matters for the estate.

If you’re trying to understand the broader scope of what an executor/personal representative is responsible for, see What Are an Executor’s (Personal Representative’s) Responsibilities During Probate in Florida?.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate administration has court-driven timelines, and tax issues can create additional time pressure (for example, needing tax information before filings, distributions, or closing the estate).
• Burden of Proof: The IRS and financial institutions often require precise proof of authority (and the right documents) before releasing information—being “the family member handling things” is usually not enough.
• Exceptions: Whether probate is required at all, whether there is a valid appointment, and whether there are multiple fiduciaries or disputes can change who is allowed to request records and what can be obtained.

Trying to handle this alone can lead to delays, rejected requests, or problems later when you need to account to beneficiaries and the probate court. A Florida probate attorney can coordinate the probate authority documents with the tax record request so you get what you need without creating avoidable risk for the estate.

Get Connected with a Florida Attorney

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.