Question $3$ of $5.$

Janice Brown died on March $1,2017.$ No Form $706,$ United States Estate $($and Generation$-$Skipping Transfer$)$ Tax Return, was required or filed by the executor at the time of death.

On January $15,2023,$ it was determined that Janice's surviving spouse could have benefitted from the portability election. Which of the following is TRUE?

It is too late to make the election for a decedent who died in $2017.$ No election may be made.

The executor of the estate may file Form $706$ under the simplified procedures detailed in Revenue Procedure $2022-32.$

Because more than five years have passed since the date of death, the executor of the estate must request a private letter ruling in order to make the election.

No action is necessary. If no Form $706$ was filed, the election is deemed made unless the taxpayer later files to opt out.