IRS · Official form

Form 4422, Application for Certificate Discharging Property Subject to Estate Tax Lien

Form 4422 asks the IRS to release specific property from the federal estate tax lien, usually so an estate can sell real estate before the estate tax is fully settled. Fill in the official PDF below.

This is the genuine IRS PDF, unmodified. Source: IRS official page.

What is 4422?

When someone dies, a federal estate tax lien automatically attaches to the property in the estate. Form 4422, Application for Certificate Discharging Property Subject to Estate Tax Lien, is how the executor asks the IRS to discharge a particular property from that lien, most often because the estate needs to sell it with clear title.

The application describes the property, the planned transfer, and the estate’s tax situation. If the IRS approves, it issues a certificate of discharge for that property; it may require the sale proceeds to be held in escrow or paid toward the estate tax first.

Who files 4422?

  • Executors and administrators selling estate real estate before the estate tax liability is finally determined or paid
  • Estate representatives who need clear title for a closing while Form 706 is still being processed
  • Fiduciaries or their attorneys handling a transfer of property that remains subject to the estate tax lien

How to fill out 4422

  1. Enter the decedent’s information and the executor or applicant’s name and contact details.
  2. Describe the property to be discharged, including its legal description and appraised or sale value.
  3. Explain the planned sale or transfer and how the proceeds will be handled.
  4. Attach the documents the form calls for, such as the sale contract, appraisal, and a copy of the estate tax return if filed.
  5. Download the completed PDF, sign it, and submit it to the IRS well ahead of your closing date, following the current submission instructions at irs.gov.

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Frequently asked questions

Why would an estate need a discharge before closing?

Title companies generally will not insure a sale while the federal estate tax lien attaches to the property. A certificate of discharge removes that specific property from the lien so the sale can close.

How early should Form 4422 be submitted?

Well before the planned closing. Processing takes time and the IRS may ask for more documents or require an escrow arrangement, so build in as much lead time as you can.

Does a discharge mean the estate tax is settled?

No. It only releases the named property from the lien. The estate still owes whatever estate tax is due, and the IRS often requires proceeds to be escrowed or applied to the tax.