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Conflicting instructions: e-file 1040 return for deceased person with refund as direct deposit to her estate bank account

I want to e-file 1040 of deceased person and have refund deposited to the bank account of her estates.  I am her court-appointed personal representative.

1) During review, Turbotax software states, "The taxpayer is deceased and the return shows a refund is due.  To e-file this return, Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer must be completed."

2) Online help chat says I can e-file 1040 and send Form 1310 separately.

3) Form 1310 asks for name and SSN of person claiming the refund.  I want the refund to go to the deceased's estate, which has an EIN, not a SSN.  I don't want the refund to go to me.

4) IRS Pub 559 ("Name, Address, and Signature" section) states, "if a personal representative has been appointed, that person must sign the return."

5) IRS Pub 559 ("Refund" section) states, "Form 1310 doesn't have to be filed if (a) you are claiming a refund and (b) you are a court-appointed or certified personal representative filing the decedent’s original return and a copy of the court certificate showing your appointment is attached to the return.

I'm looking for simple answers to the following questions:

a) Can I e-file using Turbotax?

b) Using Turbotax, can I direct the IRS to deposit the refund into the deceased's estate bank account?

c) If Turbotax requires me to fill out Form 1310 (even though the IRS doesn't) how do I compete the top section that asks for a name and SSN?

d) Given that the IRS doesn't require Form 1310, do I need to sign and mail it to the IRS or is it sufficient to mail a copy of the court order that appoints me as the personal representative?

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2 Best answer

Accepted Solutions
M-MTax
Level 11

Conflicting instructions: e-file 1040 return for deceased person with refund as direct deposit to her estate bank account

If you want the refund check or direct deposit to go to the estate account you don't need to file a 1310.

View solution in original post

M-MTax
Level 11

Conflicting instructions: e-file 1040 return for deceased person with refund as direct deposit to her estate bank account

Could be a limitation of the program.......not sure about that. If it is then you'll need to mail the return no matter what.

View solution in original post

3 Replies
M-MTax
Level 11

Conflicting instructions: e-file 1040 return for deceased person with refund as direct deposit to her estate bank account

If you want the refund check or direct deposit to go to the estate account you don't need to file a 1310.

Conflicting instructions: e-file 1040 return for deceased person with refund as direct deposit to her estate bank account

Then how do I get Turbotax to e-file and submit to the IRS?  It insists on completing Form 1310 during the Review step and also tells me I can't e-file if I bypass and go directly to the File step.

M-MTax
Level 11

Conflicting instructions: e-file 1040 return for deceased person with refund as direct deposit to her estate bank account

Could be a limitation of the program.......not sure about that. If it is then you'll need to mail the return no matter what.

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