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Level 2
March 13, 2021
Question

Form 1310

  • March 13, 2021
  • 2 replies
  • 13 views

The instructions state that a court certificate must accompany Form 1310 in order to get the refund. I don't see any way to get that court certificate other than to probate the will. The instructions clearly state that a copy of the will is not sufficient. We have been advised not to probate the will because my parent didn't own anything, residing in memory care for the last 4 years of her life. It would cost more to probate the will than the amount of the refund. However, leaving money in the government's pocket is not desirable either. Suggestions?

    2 replies

    M-MTax
    Level 15
    March 13, 2021

    Check box C in Part I

    Level 2
    March 13, 2021

    Part 1?

    M-MTax
    Level 15
    March 14, 2021

    Yep, Part I   https://www.irs.gov/pub/irs-pdf/f1310.pdf

    Since this site is hosed, do a google search for form 1310. You want to check Box C in Part I and you don't need to submit any kind of documentation.

    KathrynG3
    Level 14
    March 17, 2021

    Form 1310 can be filed in TurboTax. For more information, see: Can I file Form 1310 in TurboTax?

     

    Our condolences for your loss. 

     

    You may wish to review this resource for more tax guidance about your situation: Death in the Family.

    For full details, see IRS Resource: 2020 Publication 559: Survivors, Executors, and Administrators

     

    @sherschneider