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

[Ortho]

I am asking if these forms can be filed electronically?

[RSTax]

Thank you for the responses that I've received.

I have filed this in 2020 and no longer need any assistance.

Thank you all!

[chris-s-madden]

Note: Although TurboTax fills out the 1310 internally, it does not include it when you print you returns for filing or for record. This seems like a bug to me. I had to open the 1310 and print it separately. Warning: there is a separate print option for individual forms. Definitely a poor experience from TurboTax 2020! 🙁  Please fix this in 2021!

[Elks937844]

If I'm filing tax returns (federal and state) on behalf of a deceased person and refunds are expected am I required to complete Form 1310. I'd like the refund to be deposited into the shared bank account. I am not the spouse but the eldest child responsible for filing.

[SForrestLO]

@Elks937844

What is your question?

[chris-s-madden]

Hi,

     I'm done now and ready to file. I don't really have a question, so much as a request for better support from TurboTax for those of us doing tax returns for deceased persons (usually parents, spouses, or close relatives, I guess). TurboTax asks if the person is deceased and so knows I replied "yes". But it does not seem to know the rules for a 1310 - I had to learn about the form on the IRS website, then go into "forms" on TurboTax and fill it out myself. And then my frustration built when I went to print the return and TurboTax would not print the 1310. i opened the form went to the "print" option and, in fact, the "print" option is not a "print" option like any other program - what it really means is "print return" - tricky and unexpected. You have to look past "print" to "print form."  TurboTax still acted like I should file the return electronically, even though it knew at one point that electronic filing was not allowed in my case. 

     All that to say that better support for deceased persons tax returns is something I wish TurboTax would prioritize for 2021. Doing a tax return for someone who is deceased is (thankfully) a rare occurrence, but obviously it happens a lot every year. Normal TurboTax users are hopefully only going to do this once or twice in their lives - I wish TurboTax would make it easier. 

     What do you think? Did I somehow miss the whole the part where TurboTax makes this easy? 

Chris

[chris-s-madden]

Sorry for your loss. 🙁   I'm not sure of the answer, but I'm in almost the same boat. I put the routing and account number in for direct deposit, but I don't know if that will work or if they'll send a check made out to "The Estate of ..." 

I guess you know from the instructions on the form that if you are the court-appointed executor you need to file 1310 and attach to the (paper) return a copy of the court certificate showing that you are the executor. If there isn't any executor and never will be, then you can sign and submit 1310 certifying you'll follow all the state laws in paying out the refund to the heirs. This sounds like your case. I assume this implies paper filing for the return as well.

By the way, the IRS doesn't ask for a copy of the death certificate, but our state (Virginia) does. Our state also says that in case of a refund they send a paper check to "The Estate of ..."  You probably want to check the rules for your state. 

Good luck!

Chris

*In our case my brother is the executor, we still need to file a 1310. 

[jjhern]

you're right on!  Also for 2020 Turbotax completed the form with not only the refund due as expected but added the stimulus payments my dad did not receive and was deceased thus did not qualify for them.  I called the IRS and they instructed me that the forms were incorrect and he was not due any stimulus payments. Big miss on TT side.

[cwolfteich]

Actually, if you are the court appointed executor or personal representative, you do not have to file Form 1310.  You just need to attach a copy of the court certificate to the 1040.  Form 1310 is not required.

[HarrySptzer]

I have ben filling Income Tax for my sister for the past several years.  She Passed away last June 2021. I have completed her return for year 2021.  I have filled out form 1310 but it requires me to have a court order. How do I get that document?  The lawyer who did her last will has passed also. I do have a copy of her last will. Will that work to replace a certified Court order;?

[LoganathanB]

Yes, The Will can replace the court order.

Click on C in part I of form 1310 where it asks

Person, other than A or B, claiming a refund for the decedent’s estate. Also, complete Part II and mail it to IRS with the tax return and a copy of the will

Click on the link for more information

Form 1310

[Boriginal]

It's not allowing me to e-file, even though I check the box to say I have already sent the Form 1310 to the IRS.  Please tell me how to e-file when it's telling me I cannot e-file since I have to file Form 1310

[Boriginal]

How do I e-file a return that needs a Form 1310?  It won't let me e-file.  I want to mail in the Form 1310 and then e-file.  But nothing I do let's me e-file.

[DaraLO]

@Boriginal My condolences for your loss.  Unfortunately, you cannot e-file Form 1310.  Go here for additional information.