Filing return for deceased parent. Form 1310 required. Can I e-file 1310? It won't be signed...

[PaulaM · Accepted solution]

I am sorry for your loss.

Form 1310 cannot be e-filed. You can prepare the form and then mail it in to the same IRS Service Center as the decedent's tax return would be mailed to. You would complete the form as their personal representative.

See Form and instructions in link below.

https://www.irs.gov/pub/irs-pdf/f1310.pdf

[llcoble]

But I can e-file the rest of the return and just mail Form 1310?

[PaulaM]

Yes, that is correct. You can still e-file the tax return.

[bettyjbalthazor]

where can I find the address for the right IRS service center?

[PaulaM]

Send Form 1310 to the Service Center for your state. <a rel="nofollow" target="_blank" href="https://www.irs.gov/uac/where-to-file-addresses-for-taxpayers-and-tax-professionals-filing-form-1040...>

[rainman0925]

Who AGI is used when filing for a deceased friend?

[RSTax]

Hi,

I'm jumping into this conversation because this is very applicable to me this year.
Wouldn't it be better to manually file both the normal tax return and Form 1310 together at the same time?
With E-File, I'd be afraid that the normal tax return would be processed quickly and that the IRS wouldn't have enough time to associate the Form 1310 with it.
The result would be a check made out to my deceased Mom, something I would really want to avoid as was the purpose of filing the Form 1310 to begin with.
Thanks.

[VolvoGirl]

It is too late to efile.  This is a new forum layout. Some posts that have June 2019 dates are really older posts from the old forum that got moved over. So they might be for prior years and not current info. When they migrated over the dates got changed to June 2019. And the screen shots got deleted. 

Please start your own new question.

[macuser_22]

And I will add one more note to this since I disagree with the answer given by the TurboTax Employee.  Only the *spouse* of the deceased  can e-file a joint tax return for the year of death.  All others can only print and mail file because the tax return must be signed by the person filing as executor or personal representative of the deceased. 

The IRS will also want the court document that appoints that person as executor or personal representative and has the legal authority to file a tax return for the deceased.

 IRS Pub 559 (Survivors, Executors, and Administrators) for a lot of good information about filing the final return and estate return and other requirements for signing the return and filing for a deceased person.

https://www.irs.gov/pub/irs-pdf/p559.pdf.

[Tom58]

I cannot seem to accomplish e-filing on turbotax.  It keeps saying you cannot due to Form 1310.  Doesn't matter if I print it or delete it.

[godmommyd]

Do I need to go to the courthouse and get a court appointed representative if I am named in the will as executor and have power of attorney?

[JamesG1]

No, as an executor you are allowed to file the deceased's final tax return.

No other paperwork is needed.  Please see this link under Filing the final return.

See also this link regarding form 1310.

[Another Person]

I think for tax year 2020 you need to delete form 1310 in Turbo Tax and print the pdf for form 1310 direct from the IRS. Here is a link:

https://www.irs.gov/pub/irs-pdf/f1310.pdf

Because the taxpayer is deceased you cannot e-file. You need to file by mail and include IRS form 1310 to verify your claim to the refund.

Turbo Tax claims form 1310 hasn’t been finalized yet but the IRS website shows the final revision dated October 2020. It does not indicate any more revisions are coming for form 1310.

[Ortho]

On Form 1310, in Part I, if Box C is checked and in Part II, if 2a and 2b are checked NO, can Form 1310 be filed together with Form 1040-SR?  Will the refund be in the name of the person filing the deceased's return?  Thank you