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Returning Member
posted Mar 13, 2021 12:07:15 PM

Form 1310

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?

0 5 809
5 Replies
Level 12
Mar 13, 2021 12:21:38 PM

Check box C in Part I

Returning Member
Mar 13, 2021 12:27:46 PM

Part 1?

Level 12
Mar 13, 2021 4:11:25 PM

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.

Returning Member
Mar 14, 2021 1:33:58 PM

Thank you! Done!

Expert Alumni
Mar 16, 2021 8:41:17 PM

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