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Refund for a deceased taxpayer


My question is about a tax refund for a deceased person.

 

When my father dies, I will be the court-appointed personal representative (executor) if the estate needs probate. I must submit his federal tax return for year of death which will receive a refund.

When probate is used, IRS says the following:

 

“If you are claiming a refund and … you are a court-appointed … personal representative, file the decedent’s original return and attach a copy of court certificate showing your appointment.”

 

But IRS instructions are not clear about certain issues.

 

QUESTIONS:

(1)  Can a scanned copy of the court document be attached to an e-filed return on TurboTax? Or should the court document and return both be submitted together on paper?

 

(2)  IRS does not say who the refund is made payable to.

— Is it payable to the deceased taxpayer?

— Or is it payable to the personal representative who files & signs the return?

 

(3)  Can direct deposit be used for the refund? If yes, which bank account should be included on the return?

— If refund is issued in my father’s name, should I use the estate bank account registered with name “Estate of John Doe”?

— If refund is issued in my name as personal representative, should I use my personal bank account?

— Or would it be best to omit any bank account and receive the refund check by mail?

 

==========

If my father’s estate does NOT need probate, there will be no court-appointed personal representative.

In this case, I must submit IRS form 1310 Statement of a Person Claiming Refund Due a Deceased Taxpayer.

 

I understand how to prepare the form. But IRS instructions are not clear about certain issues.

 

QUESTIONS:

(4)  Can a scanned copy of Form 1310 be attached to an e-filed return on TurboTax? Or should the form and return both be submitted together on paper?

 

(5)  IRS does not say who the refund is made payable to.

— Is it payable to the person who prepares & signs Form 1310?

— Or Is it payable to the deceased taxpayer? If this is true, there will be no way to deposit the refund because my father’s personal bank account will have been closed and there will be no estate bank account because probate is not needed.

 

 

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2 Replies
M-MTax
Level 10

Refund for a deceased taxpayer

1. Pretty sure you can't attach anything to your return with TurboTax and efile.

2. Refund is payable to "Estate of..." unless you file a 1310.

3. You'll get a check unless you have an account for the estate and want it DD'd in that account.

 

M-MTax
Level 10

Refund for a deceased taxpayer

4. Suggest you submit the return and the form together.....print and mail.

5. Check will be made payable to you if you file a 1310.

 

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