Form 1310

[moviemike3]

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.

[LeonardS · Accepted solution]

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.

[moviemike3]

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

[LeonardS]

You are most welcome !

[moviemike3]

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

[LeonardS · Accepted solution]

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

[moviemike3]

thanks Leonard

[Bobr1946]

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.

[Retired Steve]

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?

[CatinaT1]

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.

[Retired Steve]

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.

[Retired Steve]

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.

[Kanec01]

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.

[MichelleLO]

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

@Kanec01

[moviemike3]

took care of this last year but thanks