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Form 1310 - unclear on next actions

My sister passed away last August and I'm working on her taxes now.  I am the executor of her estate and the sole beneficiary in her will.  The county court has a copy of her will so that I could, as her Power of Attorney, sell her home.  This sale occurred just before she passed.

 

I'm not a court-appointed representative and the only documentation that the county court has is this copy of her will.  I'm unclear as to how to file.  I have no official document to send them - it's almost like I should answer "no" to whether she had a will.

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4 Replies
ErnieS0
Expert Alumni

Form 1310 - unclear on next actions

File as a personal representative. A personal representative is an executor, administrator, or anyone else in charge of the decedent's property. The personal representative is responsible for filing any final individual income tax return(s) and the estate tax return of the decedent when due.

 

If there's no appointed personal representative and there's no surviving spouse, the person in charge of the decedent's property must file and sign the return as "personal representative."

 

See: Topic No. 356 Decedents

 

If there is no estate, you can file a Form 1310 to receive a refund, if any.

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Form 1310 - unclear on next actions

According to Form 1310, if I file as the "Court-appointed or certified personal representative", it is expected that I attach a court certificate showing my appointment.  That's what's confusing.

 

Thanks for your assistance.

AmyC
Expert Alumni

Form 1310 - unclear on next actions

If you are listed on the will, you should file as personal representative. Each situation is unique. I recommend you run through the IRS How Do I File a Deceased Person program. It is very detailed and will tell you exactly what is best for your situation.

I am very sorry for your loss. 

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Form 1310 - unclear on next actions

@FinallyInSeattle 

You must submit the Will to the Surrogate's Court. Is that what you mean by county court.?

Pay the fee and they the Will will be accepted assuming it is valid.

You will get Letters Testamentary.

Trying to become Administrator without a Will can be painful.

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