Can I add a Form 1310 to online TurboTax? There is only an edit button, no add button. The instructions do not work.

[JohnB5677]

Yes, you can add a form 1310.

 Select Tax Tools

• This is on the left sidebar
• You may have to minimize the Federal and State options
• You also may have to scroll down on that menu

1. Once you can work on Tax Tools
2. On the drop-down select Tools
3. There will be 3 or 4 green boxes
4. Select Topics Search
5. Type 1310 [GO]
6. Continue through the questions.

[tl1310]

Hi JohnB5677,

Appreciate your help, but I had tried that method previously and walked through the process of filling out the 1310 on TurboTax.  Once I do that, I am given two options: 

*Print Form 1310

*"Otherwise you can include the form with the return". If Print Form 1310 is not selected, then the only option is to click Continue which takes me back to the unsigned 1310 that TurboTax created. I can edit it or delete it but not sign it. IRS requires a signature on 1310. I see no way to include or upload a signed 1310.  Thanks again.

[AmyC]

There are several options and what you see depends on your answers.

First option, the first choice, court appointed, you choose you have already mailed or will mail your court paperwork.

The second option, court has not appointed, more choices, and you can file the return with the 1310. I am going to assume this is where you landed. 

• You are seeing to include the form with the return, select continue.
• Then you are asked if you need to edit or are done. Select done.

The form will file with your return. Your electronic signature will cover it. It has in the past. These days,  it is easier to upload and attach but the IRS is also allowing more digital signatures.

The IRS has a quick  How Do I File a Deceased Person interactive assistant. It is very detailed and may give you additional information. 

Reference: 

• Tax Topic 356 - Decedents
• Publication 559, Survivors, Executors, and Administrators
• How to file a final tax return for someone who has passed 
• Can I e-file a tax return for someone who is deceased?

I am very sorry for your loss.

[John541]

Hi AmyC

I have the same problem and tried this solution but when I am asked to complete the final review it keeps going back to this form with no resolve. I even tried to delete it but keeps going back to the same problem since I marked my mom as deceased. Any way to bypass this and efile?

[JamesG1]

You are preparing your mother's tax return and she is the only taxpayer listed on the tax return.  

Because your mother is deceased, the software believes that IRS form 1310 should be completed to allow you to claim the refund on behalf of your deceased mother.

I recommend that you include the form with the tax return.  This will expedite any refund that you may calculate on your mother's Federal 1040 income tax return.

@John541 

[John541]

This is true, but the 1310 will not allow me to file electronically. Also the if you check box B it only applies to a 1040X amended return. Not a 1040 return. There is no way to file electronically as long as a 1310 is completed, and no way to skip it if the person you are filing for is marked as deceased.   The program has a flaw that cannot be corrected I. Its current form. 

[tl1310]

Hi John541,

Last year the IRS did not issue a refund to me for my deceased family member's 1040 return after I submitted the Form1310 using TurboTax online. So this year after running into the same software flaw on TurboTax, I just mailed the printed 1040 with a signed 1310 for my deceased family member's 2024 taxes and got a return receipt. I have had a number of accountant friends scoff at the idea of mailing the signed Form 1310 separately from the online return. I opted to do an old school filing because I don't won't want a huge delay and headache last year getting the refund. It's bad enough losing someone. Sorry for your loss.