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New Member
posted Feb 15, 2021 5:52:47 PM

How do I prepare Form 1310 if the court appointed my brother and I as beneficiaries of my mother's probate estate? The form only has one contact person.

Can I fill out the form myself or do I need to send in a form from both my brother and I?

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4 Replies
Expert Alumni
Feb 15, 2021 6:09:56 PM

Only one person can fill out the form, as only one person can claim the return for a deceased person.  The person named as executor/administrator of the estate is the one that will claim the refund.  If both of you are named the executor/administrator of the estate, then either one can claim the refund.   Do not send in two forms, as this will cause a delay in the refund.  

New Member
Feb 15, 2021 6:15:14 PM

Thank you so much for your help! I just finished the return and it states I can't e-file it now. I guess I will have to print and send it in with Form 1310.  Your help was appreciated!

Expert Alumni
Feb 15, 2021 6:26:22 PM

That is correct, you must mail Form 1310, either by itself or with the income tax return.  You will get the refund faster if you mail it with the income tax return.  

New Member
Feb 15, 2021 6:27:06 PM

Perfect.  Thanks so much for your help!