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The only reason I purchased TurboTax was for the e-filing, which I was unable to do, as I explained. Plus, that is advertised as one of the features
Seems to me from reading the instructions that you do NOT need to fill out or file Form 1310
Who Must File
If you are claiming a refund on behalf of a deceased taxpayer,
you must file Form 1310 if:
• You are NOT a surviving spouse filing an original or amended
joint return with the decedent; and
• You are NOT a personal representative (defined later) filing,
for the decedent, an original Form 1040, 1040-SR, 1040A,
1040EZ, 1040NR, or 1040-NR that has the court certificate
showing your appointment attached.
Example. Assume Mr. Green died on January 4 before filing
his tax return. On April 3 of the same year, you were appointed
by the court as the personal representative for Mr. Green’s
estate and you file Form 1040 for Mr. Green. You do not need to
file Form 1310 to claim the refund on Mr. Green’s tax return.
However, you must attach to his return a copy of the court
certificate showing your appointment.
Everyone in this thread is saying they ARE the legal representative therefor you do not file form 1310 but since you must attach the court document you will have to mail in the return. Read the instructions before trying to file a form. I recommend you all call the IRS to see if you can send in the court documents separately rather than attached if you really want to efile that badly. This is not a glitch in the program and that is why it has not been "fixed".
Perhaps this might help. I had this same problem 2 years ago when my mother passed away. If you have a refund in the return you are working on I found if by applying the refund to next years taxes the program would let me e-file. I was ok with that because I new I had to file next year and i was going to need to pay estimated taxes so that worked for me. Hope that helps
@BRH
That's at least something. 👍
Thanks for posting.
I WASN'T trying to send in the Form 1310 with the tax return. The glitch has nothing to do with this. It's TurboTax. Read the other posts/comments.
For what it's worth, I'm a CPA so I know a little bit about filing a tax return. The problem is that TurboTax won't let you check the appropriate box, which is "court appointed personal representative."
The relevant/required forms had already been filed and received by the IRS
Well, here we are in 2024 and this still has not been addressed.... I just spent over an hour on the phone with TT help and the wrap was basically "you need to either check box C, contradicting the facts, or paper file". Totally unacceptable.
After reviewing the IRS instructions for 1310, I believe it is, in fact, not required by the personal rep (unless filing an amended return, for some reason). In my case, 1310 and supporting document were previously provided, so in any case there should be an option for that which lets you move on to e-file.
Bottom line is that TT says you need to file a 1310 if it is for a deceased taxpayer, period. Then, they provide you with a 1310 form that cannot be filled out without errors that prevent filing (unless you misrepresent the facts, as per above). Further, the service agents do not know anything about the form and/or the filing requirements, creating even more frustration and maybe leading to people filing incorrect 1310's.😖
Yes, another problem TurboTax won't fix. It was the only reason I purchased the software that year and, of course, Intuit wouldn't refund for my purchase.
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