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Form 1310

Nat Hussey
Level 3

I'm trying to fill in Part I on Form 1310. I have a personal representative who was appointed by a court, and have attached the certificate from the probate court. If I check the second box, identifying the claimant as a court appointed personal representative, the surviving spouse and other person boxes remain red, creating an error, and there doesn't seem to be any override. ???

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1 Comment 1
George4Tacks
Level 15

From Pub 559

Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer. Form 1310 doesn't have to be filed if you are claiming a refund and either of the following applies to you.
• You are a surviving spouse filing an original or amended joint return with the decedent.
 You are a court-appointed or certified personal representative filing the decedent’s
original return and a copy of the court certificate showing your appointment is attached to the return.

I believe the diagnostic will not prevent the filing. Do the pdf attachments of death cert and court cert.


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