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Level 2
March 6, 2021
Question

Form 1310 for revocable trust

  • March 6, 2021
  • 1 reply
  • 0 views

What do I need to file with form 1310 for a revocable trust which my brother and I are executors for?  I don't have a certificate from the court, but we are appointed personal representatives per the trust. I did file my dad's will with the state of Massachusetts.  Do I have to send a copy of the trust document? with form 1310?

Thank you for your help!

1 reply

Level 15
March 6, 2021

You will most likely need to file a Form 1041 for the trust since the revocable trust became a separate taxpaying entity upon the death of your dad. 

 

See https://www.irs.gov/instructions/i1041#idm140229124997744

 

However, the 1310 should be filed with your dad's individual income tax return if a refund is due. You do not need to send a copy of the trust document.

Level 2
March 6, 2021

Great thank you for your help!