I am filing a final Joint return for my spouse and me who has passed away. Do I need to file a form 56 since the filing is joint?

[ErnieS0]

No. You can file as surviving spouse. If you're a surviving spouse filing a joint return and there's no appointed personal representative, you should sign the return and write in the signature area "Filing as surviving spouse." A surviving spouse can file joint returns for the taxable year in which the death occurred and, if the death occurred before filing the return, for the taxable year immediately before the year of death.

Any refund can go into your individual account or joint account.

Related Resource:

Topic No. 356 Decedents