topic Re: Form 1310 in After you file

Form 1310

sherschneider — Sat, 13 Mar 2021 20:07:15 GMT

The instructions state that a court certificate must accompany Form 1310 in order to get the refund. I don't see any way to get that court certificate other than to probate the will. The instructions clearly state that a copy of the will is not sufficient. We have been advised not to probate the will because my parent didn't own anything, residing in memory care for the last 4 years of her life. It would cost more to probate the will than the amount of the refund. However, leaving money in the government's pocket is not desirable either. Suggestions?

Re: Form 1310

M-MTax — Sat, 13 Mar 2021 20:21:38 GMT

Check box C in Part I

Re: Form 1310

sherschneider — Sat, 13 Mar 2021 20:27:46 GMT

Part 1?

Re: Form 1310

M-MTax — Sun, 14 Mar 2021 00:14:09 GMT

Yep, Part I https://www.irs.gov/pub/irs-pdf/f1310.pdf

Since this site is hosed, do a google search for form 1310. You want to check Box C in Part I and you don't need to submit any kind of documentation.

Re: Form 1310

sherschneider — Sun, 14 Mar 2021 20:33:58 GMT

Thank you! Done!

Re: Form 1310

KathrynG3 — Wed, 17 Mar 2021 03:41:17 GMT

Form 1310 can be filed in TurboTax. For more information, see: Can I file Form 1310 in TurboTax?

Our condolences for your loss.

You may wish to review this resource for more tax guidance about your situation: Death in the Family.

For full details, see IRS Resource: 2020 Publication 559: Survivors, Executors, and Administrators

@sherschneider