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Returning Member
posted Feb 17, 2021 12:10:17 PM

Form 1310

 02-17-21 .  I am filing a return for my mother who died in 2020.  I did note that she died when TurboTax asked the question and the program printed a DECEASED notation on the top of the 1040-SR form.  However TT did not produce a Form 1310.  Then I looked for the form in TT and found that one had been partially completed.  I completed the form and printed it but there is a watermark overprinted on the form that says DO NOT FILE;  FORM NOT FINAL.    Then I searched for the form on the IRS website and found the same version as is in TT.  There is no indication the form is under revision.    Should I print the IRS Form (no overprint) and file it or wait for some (uncertain) revision?

0 34 8703
24 Replies
Level 12
Feb 17, 2021 12:11:35 PM

You've got to print and mail that form so there's no use waiting for turbotax.

Expert Alumni
Feb 17, 2021 12:31:43 PM

I am sorry for your loss.

 

Form 1310 is not available for E-file or mail as of this writing. 

Statement of Person Claiming Refund Due a Deceased Taxpayer should be available on 03/04/21.  I would wait to file if possible. 

 

 

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.

https://www.irs.gov/pub/irs-pdf/f1310.pdf

 

When will my forms be ready?

 

Level 12
Feb 17, 2021 2:56:44 PM

Yeah, I wouldn't wait another 2+ weeks for the form to be available in turbotax......you can't e-file it anyway so it's pointless to wait. I'd print my return and then complete my 1310 and print that....combine the two and mail the whole thing now.

New Member
Feb 21, 2021 5:27:08 PM

Actually you can efile with the 1310 included ounce it is available in TurboTax

Level 1
Feb 23, 2021 3:02:44 PM

I would hope that we can e-file with the 1310 form.

Why the delay with having the form 1310 ready.  What's so difficult about it from last year?

Level 15
Feb 23, 2021 3:07:34 PM


@rudyallen wrote:

I would hope that we can e-file with the 1310 form.

Why the delay with having the form 1310 ready.  What's so difficult about it from last year?


Form 1310, Stmt of Person Claiming Refund Due a Deceased Taxpayer is scheduled to be available on 03/04/2021 and can be e-filed or printed.
Website - https://care-cdn.prodsupportsite.a.intuit.com/forms-availability/turbotax_fed_windows_individual.html

Returning Member
Mar 9, 2021 9:48:39 AM

According to the TurboTax listing, form1310 is available.  I still can't file a return.  HELP!!

Intuit Alumni
Mar 9, 2021 10:31:58 AM

If you are using TurboTax Online, log out of TurboTax and clear your browser's cache and delete cookies. After clearing the history, log back in and the forms should populate. If that doesn't work, try a different browser such as Firefox if you're currently using Chrome and vice versa. 

If you are using TurboTax Desktop you will need to update the software so that new forms can populate. 

@Ted1310

New Member
Mar 9, 2021 12:34:47 PM

Files my state and federal on Sunday 3/7/2021

Level 2
Apr 28, 2021 3:24:55 PM

I have TurboTax Home & Business for desktop for 2020 tax year. I have basically completed the tax return for a deceased family member.

 

The Personal Info tab shows "passed away on 07/21/2020"

I ran the Review tab which says: "IRS Rules Don't Allow E-filing of Your Federal Return"

Further it says: "Here are the details: The taxpayer is deceased and the return shows a refund is due. To e-file this return, Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer must be completed.

The good news is you can still print your federal return and file it by mail. Next, we'll see if your state return can be e-filed."

 

Really??? The GOOD NEWS is you can print and file your return? This is GOOD NEWS?

 

Then why does TurboTax say to e-file this return, Form 1310 must be completed? I cannot find Form 1310 anywhere. I just opened TurboTax a few minutes ago and it updated my software.

 

This seems to contradict the previous posts about Form 1310 being available within TurboTax.

 

I bought the most expensive version of their software and it is  incomplete and/or has contradicting and confusing messages regarding e-filing with Form 1310.

Employee Tax Expert
Apr 28, 2021 4:43:03 PM

Form 1310 should be generated based upon your input in the Personal Info tab.  

  1. Go ahead and log back into TurboTax.
  2. Select the Personal Tab.
  3. Select Other Tax Situations
  4. Select Done with Other at the bottom of the screen.
  5. The next screen will show Form 1310, claim for refund.

If you do not see the form listed, you may need to update your software as the form is available.

 

You can do this by selecting the Online menu at the top.  

Then select Check for Updates.

 

Blank Form 1310 - Statement of Person Claiming a Refund Due a Deceased Taxpayer

Level 2
Apr 28, 2021 7:42:37 PM

Thanks, that worked to fill out form 1310.

New Member
May 6, 2021 11:30:55 AM

I found the form, signed it and mailed it.  But now TurboTax not letting me e-File because it says I need a 1310.  I am in an endless loop and can't get around this message.   TurboxTax Help says:

"We'll give you the option of paper-filing the form by itself or including it with the decedent's return when filed."

Where is this option, because I'm totally stuck at the end here...

Thank you

New Member
May 6, 2021 11:38:15 AM

Help also says "Yes, the IRS will allow tax returns for deceased taxpayers (also called decedent returns) to be e-filed.", yet in the end it keeps giving me this message "The taxpayer is deceased and return shows a refund is due.  To e-file this return, Form 1310 must be completed".    How do I get pass this, I already mailed the 1310 in.

Expert Alumni
May 6, 2021 6:01:07 PM

To make Turbo Tax deliriously happy and give you an opportunity to efile, let's generate a 1310 just so Turbo Tax will think you have a 1310 present. You don't need to send it in since you already have but generate one anyway and fill it out. Turbo Tax will give you special instructions on how to mail it in the end but in the meantime, let's get you efiled.

 

If you are using Turbo Tax online and working in your return, look on the right hand side of your screen where there is a search box and magnifying glass.  in that search box, i want you to type this verbatim, 1310, statement of person claiming refund due a deceased taxpayer. Make sure the spacing is correct. After this is type, you should see a link that will pop up that says, jump to 1310, statement of person claiming refund due a deceased taxpayer. Select it, and fill out the form.

 

If you are using the software version of Turbo Tax go to the forms mode of your return. Then on the left-hand side of your screen, slect open form and type in 1310 and begin working on it.

Level 1
May 10, 2021 10:37:39 AM

I'm using the desktop version and after going to the form and working on it, there is still an error that says "Not Done" and I still can't e-file.

Level 1
May 10, 2021 11:55:13 AM

It appears that the issue is that Box C on Form 1310 needs to be checked in order to e-file. But in my case checking Box C would seem to be incorrect since I am the court appointed personal representative (Box B).

Level 12
May 10, 2021 12:29:22 PM

It appears that the issue is that Box C on Form 1310 needs to be checked in order to e-file. But in my case checking Box C would seem to be incorrect since I am the court appointed personal representative (Box B).

@mapsjohn 

If you check ANY box other than BOX C you CANNOT efile because you have to attach documents.....either a copy of the court certificate if you checked BOX B or the refund check if you checked BOX A.

New Member
May 10, 2021 12:59:03 PM

I filed fed and state in March with 1310 online. no issues.

Level 12
May 10, 2021 1:04:00 PM

I filed fed and state in March with 1310 online. no issues.

You were only able to do that because you checked BOX C. 

Level 1
May 10, 2021 1:21:25 PM

Am I allowed to check Box C even if I am the court-appointed personal representative (administrator)?

Expert Alumni
May 10, 2021 2:44:52 PM

@mapsjohn

 

No, if you are the court-appointed representative then you must check Box B and attach a court certificate showing your appointment (unless previously filed).

 

You cannot attach documents to an e-filed return, so you will have to print and file the return by mail. By checking Box B, the program presumes you need to attach the court certificate appointing you as the personal representative.

 

See How do I print and mail my return in TurboTax Online? 

Returning Member
Oct 5, 2021 6:25:30 PM

I am trying to e-file my mother's final return. She is due a refund and it is absolutely absurd that the only way to e-file seems to be to select 'C' in Part 1 of form 1310.  I am the court appointed executor, so the correct choice clearly is 'B' yet that precludes e-filing, even though I specified that my documentation has previously been completed and sent to the IRS.  This seems like a clear and very annoying bug in Turbotax (using Deluxe version, purchased and downloaded to a Mac), considering the IRS says that you can e-file for a deceased person.

 

Is there any consequence to checking 'C' and e-filing, then sending a separate 1310 by mail (instead of the whole huge return) to correct it?  When you e-file and have 'C' checked, how is that reflected in what gets sent to the IRS via e-filing?

New Member
Oct 6, 2021 5:02:55 AM

I guess you could do an ammended return after you e-filed. You should call TurboTax help and have them go through this with you getting that form in correctly. Why are you filing the rteturn so late? That moght be part of the issue.