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Linkboyd
New Member

Should I still file form 1310 on behalf of my deceased mother if she passed away in March and I have not started the probate process yet?

I will be appointed personal representative once we file the probate petition. Should I just request an extension?
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3 Replies

Should I still file form 1310 on behalf of my deceased mother if she passed away in March and I have not started the probate process yet?

If you're the PR or know you will be appointed, you don't have to wait to file the return and 1310.

LindaS5247
Employee Tax Expert

Should I still file form 1310 on behalf of my deceased mother if she passed away in March and I have not started the probate process yet?

Since you are not yet the court-appointed  representative and have not started the probate process, you should file Form 1310 with her final return to claim any refund. You must use Form 1310 to show you are authorized to receive the refund. 

 

You can also file an extension Form 4868 if necessary.  If you expect to be appointed shortly, you can request an extension to file. This will give you more time. Write "deceased" and the date of death, and sign as "personal representative".  Keep in mind that Form 4868 only extends the time to file the return, not the time to pay any tax owed if there is a balance due.

 

Both forms are available in TurboTax. See: Can I file Form 1310 in TurboTax?  and  How do I file an IRS tax extension?

 

See also:

 

Filing a final federal tax return for someone who has died


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Should I still file form 1310 on behalf of my deceased mother if she passed away in March and I have not started the probate process yet?

Again, there's no need to wait for the appointment to file.

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