Does a certified notarized Will count as by the court? My brother and I are the executors of my mother's notorized Will. How do we answer the questions on 1310?

[MFeiny]

If we are on the bank account with her - do we still need an EIN to file?  There were no assets to probate?  IRS does not want copies of the Will. Can I file with her SS#?

[mirassou]

I'm not a CPA nor am I an attorney but I have settled 4 estates including a trust. So unless the will has been probated by the court you are not considered "court appointed." For purposes if Form 1310 to receive a refund on the decedent's behalf it's pretty straightforward.  Check Box Part I C. Part II 1 is Yes. Part II 2A is No. Part II 2B is No. Part II 3 is Yes.

As long as you and your brother are friendly with each other, I would just put one name and SSN on the form. You can split it between you later on (or use the money to pay debts).

[DianeW777]

You will answer the questions on the 1310 in TurboTax as follows for a return with a refund for the decedent. You are the certified personal representative.

If there is a refund, then Form 1310 will also be included with the tax return.

• Open the TurboTax account > Use Search (upper right) > Type form 1310 > Press enter > Jump to .... link
• Continue to complete the form as requested - Your answers are important to complete the tax return (see the image below)

You are able to enter only one name on the form and you can decide which of you will receive the refund.

[MFeiny]

Thank you! My brother and I are friendly and are both on the account getting the refund.