Deceased Spouse - 2019 return
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eh78737
New Member

Deceased Spouse - 2019 return

My wife passed away unexpected last April, before the tax deadline, so naturally her taxes weren't filed.  We just became married shortly before she passed away, so I can't file her 2019 taxes as married/jointly.  Since we weren't married in 2019, how do I file them?  Obviously, I can do the 2020 taxes as married/jointly, and I do understand that process.

2 Replies
DavidD66
Employee Tax Expert

Deceased Spouse - 2019 return

You would just file a 2019 return for her, as her representative, with filing status of Single.  To file a prior year return in TurboTax, go to:

 

How do I prepare a 2019, 2018, or 2017 tax return?

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Opus 17
Level 15

Deceased Spouse - 2019 return

For 2019, see this

https://www.irs.gov/businesses/small-businesses-self-employed/deceased-taxpayers-filing-the-final-re...

and this

https://www.irs.gov/pub/irs-pdf/p559.pdf

 

You must be the legal administrator of the person's estate under your state law.  This may require filing a form, if you have not already done so.  You may need to check with an attorney.

 

If your spouse is due a refund, you will have to include form 1310 with the return to get the refund paid into your name.  If you were not the person's legal heir at the time, the refund will have to be paid to the legal heirs.  (For example, if the person died unmarried and without a will, state law might require the refund to be paid to the person's children, parents or siblings rather than an unmarried domestic partner.)

*Answers are correct to the best of my ability at the time of posting but do not constitute legal or tax advice.*
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