What forms will I need when filing a tax return for someone who's deceased?

SOLVED•by TurboTax•952•Updated 2 weeks ago

If you’re filing a return for someone who's passed away, there are some additional forms you’re going to need when you file.

First, you generally need to file the last Form 1040 on behalf of the deceased person (also called a decedent return), along with any applicable state resident return. The information on this return is used to report taxable income and deductions until the date of death of the decedent.

Any income earned after this date is reported on a trust return Form 1041, US Income Tax Return for Estates and Trusts. You’ll also need an Employer Identification Number from the IRS, which you can get here:

This is where the additional forms come in:

Form 1310 - Claiming a refund for a deceased taxpayer

Note: This form is only needed if the tax return shows a refund.

If the tax return for the decedent has a refund, you’ll need to complete Form 1310 - Statement of Person Claiming a Refund Due a Deceased Taxpayer.

The IRS utilizes the information on this form to ensure you’re authorized to act on behalf of the decedent.

If you’re appointed by a court, you’ll need to send in proof of the court certificate showing your appointment.

If you’re filing as a family member, write that on the form. The IRS asks that you don't send a death certificate unless requested.

Form 1310 can be completed within TurboTax.

Form 56 - Notice of Fiduciary Relationship

Form 56 is used when either setting up or terminating a fiduciary relationship. It authorizes you to act as if you’re the taxpayer, allowing you to file income tax returns and pay taxes due with the returns.

This form isn't prepared with the decedent’s income tax return. It’ll need to be completed and mailed to the IRS office where the decedent’s tax return is filed.

Related Information:

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