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Level 3
posted Mar 6, 2020 9:42:34 AM

Form 1310

dad passed away in August 

i understand the need for Form 1310 and am ready willing and able to mail it in

1) Turbo Tax is not letting me e-file my federal and state returns (presumably)  because of form 1310- it says the taxpayer is deceased and a refund is due.

any suggestions?

2) also the form 1310 lists me as the executor of the estate when in reality me and my sister are the executors and we want any refund sent to the Estate account - any thoughts on how to accomplish this?

How would i delete the current form 1310 and re-do it.

0 21 6533
3 Best answers
Expert Alumni
Mar 6, 2020 10:02:57 AM

Yes, you are correct you cannot efile the return due to Form 1310 this is an IRS requirement.  The best way is to have you or your sister whoever files the return receive the refund from the IRS and then deposit it into the Estate Account.

Expert Alumni
Mar 6, 2020 1:28:18 PM

No, a copy is sufficient.  ".. attach to his return a copy of the court certificate showing your appointment." Ref: IRS Instructions Form 1310

New Member
Apr 18, 2022 11:06:52 AM

i would have this tax done by professional in person.  IRS requires filing by paper for a deceased.

21 Replies
Expert Alumni
Mar 6, 2020 10:02:57 AM

Yes, you are correct you cannot efile the return due to Form 1310 this is an IRS requirement.  The best way is to have you or your sister whoever files the return receive the refund from the IRS and then deposit it into the Estate Account.

Level 3
Mar 6, 2020 12:45:35 PM

thank you leonard

i guess i am stuck with printing and mailing and waiting for the check

 

NYS says it must be e-filed but I assume the same issue abounds as TT is not letting me efile that either

 

Expert Alumni
Mar 6, 2020 12:49:40 PM

You are most welcome !

Level 3
Mar 6, 2020 1:16:27 PM

Leonard, will the IRS accept a photocopy or do they need a copy of the raised seal letters testamentary

Expert Alumni
Mar 6, 2020 1:28:18 PM

No, a copy is sufficient.  ".. attach to his return a copy of the court certificate showing your appointment." Ref: IRS Instructions Form 1310

Level 3
Mar 7, 2020 7:15:32 AM

thanks Leonard

Level 2
Mar 15, 2020 7:53:27 PM

Not correct.  The directions on form 1310 tell you to mail the Form 1310 to same IRS center for your area if you e-filed the return.  I suspect the rejection was the same reason my mom's was rejected the first time.  I used my date of birth and ID information because I'm the filer.  After changing it to my mom's information it e-filed just fine.

New Member
Mar 19, 2020 10:48:26 AM

I am filing a return for my in-laws who both passed in 2019 and the return has a refund.  My wife will sign as trustee.  How do I get the turbotax system to generate forms 1310?

Expert Alumni
Mar 19, 2020 10:55:23 AM

When you started the return, did you check the box that your were filing a return for a deceased person?  If not, go to the personal information and check that box.  That will generate the correct form.

New Member
Mar 19, 2020 11:37:33 AM

I indicated both were deceased by entering the date of death.  I have gone through the personal information several times and don't see a separate question regarding filing for a deceased person(s) other than the person passed away before filing the return and then entered date of death.

New Member
Mar 19, 2020 11:43:55 AM

There is a question asking when the spouse of the second to die passed.  I keep checking the box 2019 and when I go back in it is changed to after 2019.

New Member
Apr 4, 2021 6:28:53 PM

It definitely says I can efile my mom's taxes as her personal representative.  This is taken from the TURBO TAX website. 

 

"Yes, the IRS will allow tax returns for deceased taxpayers (also called decedent returns) to be e-filed."

"After you've filled out the return, search for form 1310 inside TurboTax and select the Jump to link. You'll come to the Let's see if you need to file Form 1310 screen. Answer Yes and follow the instructions.

We'll give you the option of paper-filing the form by itself or including it with the decedent's return when filed."  I have tried this so many different ways and I can't get there.  I have not been given the option of including it.

 

Intuit Alumni
Apr 5, 2021 9:15:00 AM

To clarify, did you enter the decedent's date of passing in the My Info section? 

@Kanec01

 

Level 3
Apr 5, 2021 9:18:05 AM

took care of this last year but thanks

New Member
Apr 5, 2021 10:48:22 AM

Yes I did put in when she passed away.  It will not let me file electronically and I know the IRS is backed up months if you send in by paper.  Thanks.

 

Intuit Alumni
Apr 5, 2021 10:57:39 AM

@Kanec01 Please contact us by phone for further assistance, Customer support phone number - TurboTax

New Member
May 17, 2021 10:42:35 AM

TurboTax said "unable to file electronically" in the federal review, but when it came to e-File, it was my state return that was disallowed.  The federal eFile went through fine.  Well... the IRS hasn't accepted yet, so we'll see.

 

Confusing instructions from TurboTax.  BTW, TurboTax also seemed unaware that the RMD requirements had been waived for 2020.  Annoying.

Expert Alumni
May 17, 2021 5:42:20 PM

Each situation is unique. I recommend you run through the IRS How Do I File a Deceased Person program. It is very detailed and will tell you exactly what is best for your situation.

I am very sorry for your loss.

 

The RMD was waived for 2020 but the question remains because of the people that moved money in 2020 for their 2019 retirement accounts.

 

@roblinx

Returning Member
Apr 18, 2022 11:00:49 AM

My wife passed away in July of 2021. Do I need to file a 1310?  also, it states that both of us are dead. If I am dead, nobody told me.

 

John Bennett

New Member
Apr 18, 2022 11:06:52 AM

i would have this tax done by professional in person.  IRS requires filing by paper for a deceased.

Level 3
Apr 18, 2022 11:32:51 AM

way ahead of you