Form 1310 - Who signs the 1040 form?

[Bobf2468]

Hi,

So I need to file the federal taxes with form 1310. (I am the executor & am doing the taxes via turbo tax.)\(I know I need to sign the 1310 form.)

Who signs the 1040 form?

If I sign the 1040 form, do I sing in the Third Party Designee box, the Sign Here box, or the Paid Preparer Use Only (I am not a paid preparer - family member)?

[RayW7 · Accepted solution]

If an executor or administrator is involved, he or she must sign the return for the decedent. When a joint return is filed, the spouse must also sign. When there is no executor or administrator, whoever is responsible for filing the return should sign the return and note that he or she is signing "on behalf of the decedent." If a joint return is filed by the surviving spouse alone, he or she should sign the return and write "filing as surviving spouse" in the space for the other spouse's signature.

If a refund is due, there's one more step. You should also complete and file with the final return a copy of Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer. Although the IRS says you don't have to file Form 1310 if you are a surviving spouse filing a joint return, you probably should file the form anyway to head off possible delays.

[rusthelp2]

I want to make copies of my 2020 tax returns

[CarissaM]

You can print a copy of your return you filed this year by following the instructions in this FAQ. 

[Jojo1927]

OK, a bit confused here. According to the IRS instructions for Form 1310, a personal representative (e.g, executor or administrator) of an estate does not have to fill out 1310, but he/she must attach a copy of the court issued order with the 1040.  If that is the case, do you still have to fill out 1310 or are you suggesting that some kind of redundancy is advised in case of a screwup by the IRS?  

[AmyC]

You can e-file the 1310 or print and sign to paper file. Yes, you can expect to make multiple copies and mail or fax them multiple times. I am at 8 times right now with the same paperwork. This is not normal though. Things are off with COVID, stimulus, etc.

I recommend you run through the IRS How Do I File a Deceased Person program. It is very detailed and will tell you exactly what is best for your situation.

I am very sorry for your loss.

@Jojo1927