I am sorry for your loss.
Form 1310 cannot be e-filed. You can prepare the form and then mail it in to the same IRS Service Center as the decedent's tax return would be mailed to. You would complete the form as their personal representative.
See Form and instructions in link below.
I am sorry for your loss.
Form 1310 cannot be e-filed. You can prepare the form and then mail it in to the same IRS Service Center as the decedent's tax return would be mailed to. You would complete the form as their personal representative.
See Form and instructions in link below.
But I can e-file the rest of the return and just mail Form 1310?
Yes, that is correct. You can still e-file the tax return.
where can I find the address for the right IRS service center?
Send Form 1310 to the Service Center for your state. <a rel="nofollow" target="_blank" href="https://www.irs.gov/uac/where-to-file-addresses-for-taxpayers-and-tax-professionals-filing-form-1040">https://www.irs.gov/uac/where-to-file-addresses-for-taxpayers-and-tax-professionals-filing-form-1040</a>
Hi,
I'm jumping into this conversation because this is very applicable to me this year.
Wouldn't it be better to manually file both the normal tax return and Form 1310 together at the same time?
With E-File, I'd be afraid that the normal tax return would be processed quickly and that the IRS wouldn't have enough time to associate the Form 1310 with it.
The result would be a check made out to my deceased Mom, something I would really want to avoid as was the purpose of filing the Form 1310 to begin with.
Thanks.
It is too late to efile. This is a new forum layout. Some posts that have June 2019 dates are really older posts from the old forum that got moved over. So they might be for prior years and not current info. When they migrated over the dates got changed to June 2019. And the screen shots got deleted.
Please start your own new question.
And I will add one more note to this since I disagree with the answer given by the TurboTax Employee. Only the *spouse* of the deceased can e-file a joint tax return for the year of death. All others can only print and mail file because the tax return must be signed by the person filing as executor or personal representative of the deceased.
The IRS will also want the court document that appoints that person as executor or personal representative and has the legal authority to file a tax return for the deceased.
IRS Pub 559 (Survivors, Executors, and Administrators) for a lot of good information about filing the final return and estate return and other requirements for signing the return and filing for a deceased person.
https://www.irs.gov/pub/irs-pdf/p559.pdf.
I cannot seem to accomplish e-filing on turbotax. It keeps saying you cannot due to Form 1310. Doesn't matter if I print it or delete it.
Do I need to go to the courthouse and get a court appointed representative if I am named in the will as executor and have power of attorney?
I think for tax year 2020 you need to delete form 1310 in Turbo Tax and print the pdf for form 1310 direct from the IRS. Here is a link:
https://www.irs.gov/pub/irs-pdf/f1310.pdf
Because the taxpayer is deceased you cannot e-file. You need to file by mail and include IRS form 1310 to verify your claim to the refund.
Turbo Tax claims form 1310 hasn’t been finalized yet but the IRS website shows the final revision dated October 2020. It does not indicate any more revisions are coming for form 1310.
On Form 1310, in Part I, if Box C is checked and in Part II, if 2a and 2b are checked NO, can Form 1310 be filed together with Form 1040-SR? Will the refund be in the name of the person filing the deceased's return? Thank you
Thank you for the responses that I've received.
I have filed this in 2020 and no longer need any assistance.
Thank you all!
Note: Although TurboTax fills out the 1310 internally, it does not include it when you print you returns for filing or for record. This seems like a bug to me. I had to open the 1310 and print it separately. Warning: there is a separate print option for individual forms. Definitely a poor experience from TurboTax 2020! 🙁 Please fix this in 2021!
If I'm filing tax returns (federal and state) on behalf of a deceased person and refunds are expected am I required to complete Form 1310. I'd like the refund to be deposited into the shared bank account. I am not the spouse but the eldest child responsible for filing.
Hi,
I'm done now and ready to file. I don't really have a question, so much as a request for better support from TurboTax for those of us doing tax returns for deceased persons (usually parents, spouses, or close relatives, I guess). TurboTax asks if the person is deceased and so knows I replied "yes". But it does not seem to know the rules for a 1310 - I had to learn about the form on the IRS website, then go into "forms" on TurboTax and fill it out myself. And then my frustration built when I went to print the return and TurboTax would not print the 1310. i opened the form went to the "print" option and, in fact, the "print" option is not a "print" option like any other program - what it really means is "print return" - tricky and unexpected. You have to look past "print" to "print form." TurboTax still acted like I should file the return electronically, even though it knew at one point that electronic filing was not allowed in my case.
All that to say that better support for deceased persons tax returns is something I wish TurboTax would prioritize for 2021. Doing a tax return for someone who is deceased is (thankfully) a rare occurrence, but obviously it happens a lot every year. Normal TurboTax users are hopefully only going to do this once or twice in their lives - I wish TurboTax would make it easier.
What do you think? Did I somehow miss the whole the part where TurboTax makes this easy?
Chris
Sorry for your loss. 🙁 I'm not sure of the answer, but I'm in almost the same boat. I put the routing and account number in for direct deposit, but I don't know if that will work or if they'll send a check made out to "The Estate of ..."
I guess you know from the instructions on the form that if you are the court-appointed executor you need to file 1310 and attach to the (paper) return a copy of the court certificate showing that you are the executor. If there isn't any executor and never will be, then you can sign and submit 1310 certifying you'll follow all the state laws in paying out the refund to the heirs. This sounds like your case. I assume this implies paper filing for the return as well.
By the way, the IRS doesn't ask for a copy of the death certificate, but our state (Virginia) does. Our state also says that in case of a refund they send a paper check to "The Estate of ..." You probably want to check the rules for your state.
Good luck!
Chris
*In our case my brother is the executor, we still need to file a 1310.
you're right on! Also for 2020 Turbotax completed the form with not only the refund due as expected but added the stimulus payments my dad did not receive and was deceased thus did not qualify for them. I called the IRS and they instructed me that the forms were incorrect and he was not due any stimulus payments. Big miss on TT side.
Actually, if you are the court appointed executor or personal representative, you do not have to file Form 1310. You just need to attach a copy of the court certificate to the 1040. Form 1310 is not required.
I have ben filling Income Tax for my sister for the past several years. She Passed away last June 2021. I have completed her return for year 2021. I have filled out form 1310 but it requires me to have a court order. How do I get that document? The lawyer who did her last will has passed also. I do have a copy of her last will. Will that work to replace a certified Court order;?