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ednfran
New Member

Form 1310 is watermarked as "Don't file. Not Final"

Alan, a POA ceases to remain valid at time of death.  Everything transitions to the estate and requireds a "court" appointed representative.  Contact your court probate office for details.  Not my first rodeo - completed my in-laws' returns, dad, sister (who was intestate) and now mom's.  I didn't wait for TurboTax to get their act together and simply mailed it in with a 1310 off the IRS website.  But now TT is updated so have at it.  BUT, you still have to mail in your appointment.  Regardless of your next of kin status, you can not get around the legal requirements for a duly appointed estate representative.

Form 1310 is watermarked as "Don't file. Not Final"


@ednfran wrote:

....Regardless of your next of kin status, you can not get around the legal requirements for a duly appointed estate representative.


That may the case with respect to state law depending upon the size of the estate and the type of property in the estate, but it is not the case with respect to filing Form 1310 with the IRS.

ednfran
New Member

Form 1310 is watermarked as "Don't file. Not Final"

Unless you checked box B in Part 1.  And then there's Part II.  There's a simple way or the rabbit hole.  The choice is yours.  I've filed four 1310s over the years for family member deaths.  Having a court appointment to certify that you are the legal representative, executor/trix, to accept the refund seemed to work best.  You can do what you want, that's your prerogative.  Good luck.

Form 1310 is watermarked as "Don't file. Not Final"

I really don't know what TT's problem is. If you go to IRS.GOV and search for form 1310 you will see that the IRS updated it on December 2021. I have the same issue with my deceased sister. Never married and no kids. I think I will print it out the main return on TT and then go to the IRS site and fill in the blanks on Form 1310 and mail everything in. Faster than waiting until March 4th 2022! Don't have much faith on an e-file for a deceased relative anyway.

Form 1310 is watermarked as "Don't file. Not Final"

The form needs to be approved for use in the program.

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