Form 1310 - Statement of Person Claiming Refund Due a Deceased Taxpayer

Forum|Forum|4 years ago
April 16, 2022
1 reply
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I am doing the last individual tax return for my mother who passed away last year. She is due a refund and therefore I must include Form 1310 with the return. She had a trust and I am the successor trustee. My question is whether the Declaration of Trust can serve as the proof that I am the certified personal representative or do I need some other court document to show I am the court-appointed representative. If the Declaration of Trust can be used, what boxes should I check on Form 1310, Parts I and II? Also, I assume I need to mail the return due to this. Same for the state return.

Anonymous_

Level 15

No (to the trust document as proof). Check Box C and then print and mail the return.

You might also want to file Form 56.

See https://www.irs.gov/instructions/i56

Tracy7312Author

Level 2

It is allowing me to e-file after checking Box C. I also checked that she left a will, that the court hasn't and won't be providing a representative and that I would payout the refund based on the laws of the estate. Can I e-file and mail the Form 56 in separately or should I print and send all together?