We had to amend my mother-in-laws taxes because she passed before they processed. She was due a refund, but the amended form says $0 refund due. Why?

[Vanessa A · Accepted solution]

You do not need to amend a return because someone died while their return was being processed.  Returns should not be amended until after the processing of the return is completed. If you did not  yet submit the amendment, you should not submit the amendment. 

When you amend, it starts over.  So if it says $0 refund it is because the difference you entered did not change the tax liability or amount to be received.  

Since it is $0, the refund amount is still the same as was on the original return so when the original return is processed, you would get the original refund amount. 

[cmfields1]

So, I have not mailed in the amended copy and it can't be efiled.  So I should leave it as is and just mail form 1310?  Thanks, you saved me from a big mistake!

[JulieS]

No, you don't need to file an amended return. You can file Form 1310 by itself, or with the documents attached, if required. 

What you have to attach depends on which box you checked in Part I:

• Box A - When box A is checked, you have to return the refund check either by mail, or by delivering to a local IRS office. 
• Box B - When box B is checked, you must attach a copy of the court
  certificate showing your appointment as personal representative.
• Box C - When box C is checked, you must attach the proof of death, which is a copy of the death certificate. 

I am sorry for you loss. If you have more questions please feel free to reach out for help again. 

[cmfields1]

So, I don't have to file the original 1040, because turbo tax won't let me unamend it to the original copy?

[JulieS]

I assumed that the original return was filed before your mother in law passed. Is that not correct?

[cmfields1]

Yes, it was efiled and processed. Then it was held up when social security flagged her accounts.  I just didn't know if I needed to send a copy with 1310.

[JulieS]

No, you can just send the Form 1310. If they flagged the return, they definitely have it and don't need another copy.