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I understand, but that's part of the problem. 

The instructions to form 1310 read: "For purposes of this form [1310] , a personal representative is the executor or administrator of the decedent’s estate, as appointed or certified by the court."

 

Such a court order is issued pursuant to probate.  But there is to be no probate as the entire estate is within a living trust, of which I'm the successor trustee.  The 2021 return will be in the name of the trust. Catch 22.

 

Could I leave the money with the IRS to be applied to 2021 taxes? Or is there a problem with this because the refund is in the name of the decedent (filed under SS #) and the return will be in the name of the trust (filed under an EIN)? 

 

This must be a common issue, but I can find nothing that addresses it.  Thanks for any help you can provide.