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New Member
posted Jun 12, 2019 12:39:11 PM

Can I e-file a 1310 with deceased person's tax return?

I see I can e-file a deceased person's tax return.  I am the personal representative appointed by the court, and the deceased person is due a refund.  Can I e-file a Form 1310 with the Letters Testamentary?  Or should I just paper file everything?

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4 Replies
New Member
Jun 12, 2019 12:39:13 PM

were do I get the paperwork?

New Member
Jun 12, 2019 12:39:14 PM

You cannot e-file Form 1310. You can still e-file the a tax return and mail Form 1310 separately or you can mail the form in with the tax return.

According to the IRS:

Where To File

If you checked the box on line A, you can return the joint-name check with Form 1310 to your local IRS office or the Internal
Revenue Service Center where you filed your return.

If you checked the box on line B or line C, then:

• Follow the instructions for the form to which you are attaching Form 1310, or

• Send it to the same Internal Revenue Service Center where the original return was filed if you are filing Form 1310 separately. If the original return was filed electronically, mail Form 1310 to the Internal Revenue Service Center designated
for the address shown on Form 1310 above. See the instructions for the original return for the address.

For more information refer to the following link:

http://www.irs.gov/pub/irs-pdf/f1310.pdf


New Member
Jun 12, 2019 12:39:16 PM

This does not seem to be true for 2015.  Turbo Tax will not let me efile once I've checked box B on form 1310 saying I'm the personal representative (and I've already sent a copy of 1310 to the IRS).

New Member
Jun 12, 2019 12:39:17 PM

According to the instructions on the 1310 form you do not need to use a 1310 form when you are a court certified executor of the estate. The testamentary letter is the court's certification of that role as executor. You just include a copy of the testamentary letter with the return.