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Deceased person's tax return when to file

My mother passed away in February, 2021.  She is due a refund on her 2020 tax return.  So, I have to mail in her return.  Cannot file it electronically.  

 

My question is, is there any reason that I should NOT go ahead and submit her return for 2020 now so the IRS can start processing her refund??  Her refund that is due is a pretty substantial amount and I don't want the IRS to keep the money any longer than necessary.

 

Thank you.

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10 Replies

Deceased person's tax return when to file


@uthorns76 wrote:

My question is, is there any reason that I should NOT go ahead and submit her return for 2020 now so the IRS can start processing her refund?? 


I am very sorry for your loss. However, e-filing the return will not substantially speed processing of the refund if you have to file a Form 1310 and/or supporting documentation by mail.

 

I actually have a couple of clients who are still waiting for refunds from the 2019 tax year (filed in March of 2020) for which Forms 56 and 1310 were filed.

Deceased person's tax return when to file

I cannot E-file the return because my mother is deceased and she is owed a refund.  I don't really have to file Form 1310 because I am executor of her estate but I probably will file Form 1310 with her return and also include copy of death certificate and letters testamentary with the return.

 

So, I guess the sooner I mail in the return, the better??

Deceased person's tax return when to file


@uthorns76 wrote:

So, I guess the sooner I mail in the return, the better??


Yes, the sooner the better. 

 

You do not need to include the death certificate and only need to attach a court certificate showing your appointment if the will was filed with the probate court. Otherwise, you simply need to complete Form 1310.

Deceased person's tax return when to file

Yes, Will was filed with the probate court and I have Letters Testamentary showing I am the Executor of the estate.  I will mail the return--I plan to use Certified Mail so, hopefully, I will know it got there--as soon as I can.  Thank you very much.

Deceased person's tax return when to file

Does the court certificate--i.e., Letters Testamentary--have to be an original or is a photocopy acceptable?  Thank you again.

Deceased person's tax return when to file

A copy of the certificate is acceptable.

Deceased person's tax return when to file

As it stands now, I am requesting direct deposit of the refund to an estate account that may or may not be open when/if the refund is processed.  So, I guess it would be wise for me to request a check instead??  Is check made out to me as executor or to the estate of the deceased?  Thank you.

Deceased person's tax return when to file

The check should be made payable to you if you file a Form 1310.

Deceased person's tax return when to file

Form 1310 is actually not required to be submitted to the IRS in this case because I am the court-appointed executor.

 

I can see that this is going to be a long, drawn out process.

Deceased person's tax return when to file

I am getting the refund today as a check made out to me as exec of my mother's estate.  I asked for direct deposit but IRS sent check instead.  So, apparently the IRS does not allow direct deposit of a refund for deceased person in this situation.

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