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Level 2
posted Mar 12, 2023 12:53:31 PM

Signing a Decedent Tax Return

I am preparing a 2022 tax return for my deceased father. I have indicated in the Personal Info section the fact that he is deceased and that I am his personal representative. What I am having trouble understanding is how to complete the e-filing section as appears to include only information regarding my father and not me.

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1 Best answer
Expert Alumni
Mar 12, 2023 5:06:31 PM

A Form 13110 can be completed in TurboTax.  

 

Yes, you can file IRS Form 1310 in TurboTax to claim the tax refund for a decedent return (a return filed on the behalf of a deceased taxpayer). Here's how:

 

  1. Open the Personal Info section of your return
  2. Click on Passed away before filing this return
  3. Provide the date passed away
  4. Search for form 1310 and select the jump to link
  5. On the Complete a claim for refund screen, select Yes
  6. Continue through the screens. We'll give you the option of paper-filing the form by itself or including it with the decedent's return when filed

 

Click here for "Can I file a Form 13110 in TurboTax?"

 

Click here for information on e-filing a decedents tax return in TurboTax.
 

Click here for information on what forms are needed to file a tax return for someone who is deceased.

 

Click here for detailed information on filing decedent tax returns.

 

Please note: The IRS states, in Signature on page 4 of IRS Publication 559, Survivors, Executors, and Administrators, "If a personal representative has been appointed, that person must sign the return. If it is a joint return, the surviving spouse must also sign it. If no personal representative has been appointed, the surviving spouse (on a joint return) signs the return and writes in the signature area “Filing as surviving spouse.” If no personal representative has been appointed and if there is no surviving spouse, the person in charge of the decedent's property must file and sign the return as “personal representative.”


 

5 Replies
Level 4
Mar 12, 2023 12:59:23 PM

I'm not certain of how Turbo Tax handles the operations of efiling a decedent return. 

However, you will need to attach Form 1310 to the return if you are claiming a refund for your dad. Only if you are requesting a refund. 

You might also have to attach Form 56 in order to be able to sign the return on his behalf as his executor. 

These two forms might make it easier to file paper instead of electronically - I did that with my dad. 

 

Level 2
Mar 12, 2023 1:07:33 PM

Thanks. I was hoping to avoid paper filing, but it would appear that would be the simpler solution. Complicating things is the fact that he owes taxes on his Federal return, but is getting a refund from the State return.

Expert Alumni
Mar 12, 2023 5:06:31 PM

A Form 13110 can be completed in TurboTax.  

 

Yes, you can file IRS Form 1310 in TurboTax to claim the tax refund for a decedent return (a return filed on the behalf of a deceased taxpayer). Here's how:

 

  1. Open the Personal Info section of your return
  2. Click on Passed away before filing this return
  3. Provide the date passed away
  4. Search for form 1310 and select the jump to link
  5. On the Complete a claim for refund screen, select Yes
  6. Continue through the screens. We'll give you the option of paper-filing the form by itself or including it with the decedent's return when filed

 

Click here for "Can I file a Form 13110 in TurboTax?"

 

Click here for information on e-filing a decedents tax return in TurboTax.
 

Click here for information on what forms are needed to file a tax return for someone who is deceased.

 

Click here for detailed information on filing decedent tax returns.

 

Please note: The IRS states, in Signature on page 4 of IRS Publication 559, Survivors, Executors, and Administrators, "If a personal representative has been appointed, that person must sign the return. If it is a joint return, the surviving spouse must also sign it. If no personal representative has been appointed, the surviving spouse (on a joint return) signs the return and writes in the signature area “Filing as surviving spouse.” If no personal representative has been appointed and if there is no surviving spouse, the person in charge of the decedent's property must file and sign the return as “personal representative.”


 

Level 2
Mar 13, 2023 4:25:57 AM

Thank you for all of this information! I do though still have a question. After I have done all of the above, when I get to the File a Return section and choose e-file the sections "Review Your Federal Filing Choices" never ask for my name and are mostly pre-filled in with my father's information. Should I just complete those sections using my own information?

Level 7
Mar 13, 2023 1:17:23 PM

No, your father's information should be included there. However, you should include your information on  Form 1310 and file it with the return. Please click here to confirm that the Form 1310 is included. 

 

You generally need to file the last Form 1040 on behalf of the deceased person (also called a decedent return). If there's an appointed personal representative, he or she must sign the return.

 

I am sorry for your loss.

 

[Edited 02/14/22|4:31 pm PDT]