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jrn111
Returning Member

Refund for deceased individual after individual filed

A family member passed away after filing his own tax return. We are trying to determine how to request his refund to be sent to his estate. Does this require Form 1310? If so how does that work, as I know typically Form 1310 is filed along with the deceased individuals return. However, my family member passed after filing his own return. 

 

7 Replies
tagteam
Level 15

Refund for deceased individual after individual filed

Have you received the refund check?

 

I assume you have not and it may very well be made payable to the estate.

jrn111
Returning Member

Refund for deceased individual after individual filed

No. We have not received the refund check. The family member filed the return before passing away so the initial return would not include address, etc. for refund to be sent to estate. 

Critter-3
Level 15

Refund for deceased individual after individual filed

Wait for the refund check to arrive ... if you did not keep a personal account open to deposit the refund then you should be able to open an account for the estate and deposit it there.   If the bank will not allow it then send the check in with a form 1310 asking for it to be reissued.  

fanfare
Level 15

Refund for deceased individual after individual filed

It is a simple matter to deposit a check "Payable To <person>" into the Estate Bank Account of <person>,.

tagteam
Level 15

Refund for deceased individual after individual filed


@fanfare wrote:

It is a simple matter to deposit a check "Payable To <person>" into the Estate Bank Account of <person>,.


Yes, but the reverse is not generally the case. If the check is made payable to the estate, it will have to be deposited into an estate account or be sent back to the IRS along with a 1310.

fanfare
Level 15

Refund for deceased individual after individual filed

For the deceased , an Estate bank account should be established immediately, if not sooner.

That how it works in America.

 

It's unlikely the refund check will be to the Estate, IMO.

tagteam
Level 15

Refund for deceased individual after individual filed


@fanfare wrote:

It's unlikely the refund check will be to the Estate, IMO.


It is quite likely if the IRS discovers that the taxpayer has passed away prior to issuing the check.

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