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Level 3
July 26, 2026
Question

having trouble with Form 1310 for 2025 return with deceased wife in 2025 and deceased husband in 2026

  • July 26, 2026
  • 2 replies
  • 25 views

I’m filing a 2025 1040 return.  My client’s wife died in 2025 and client died in early 2026.  The adult child/estate executor will be signing the return.  The IRS instructions say a Form 1310 isn’t required.  The software is requiring a From 1310.  When I prepare the form I receive an error message requiring me to paper file or file 1040X.  I don’t know how to resolve.  

If I ignore warning to complete Form 1310 I get a critical error and can’t file.  If I complete Form 1310 I get another critical error.  

Help!

 

2 replies

PhoebeRoberts
Intuit Community Champion
July 27, 2026

There’s no good solution here. If you say that there’s no executor, and that the adult child agrees to distribute the money to the appropriate heirs, you get a 1310 that permits e-filing. Some executors are good with that expedient workaround; some choose to file on paper.

SherMAuthor
Level 3
July 28, 2026

OK.  Definitely a wierd software problem.  I’ll try it.  Thanks!