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Level 5
December 7, 2019
Solved

Can a deceased taxpayer due refund efile where daughter is executor?.

  • December 7, 2019
  • 2 replies
  • 29 views

I have deceased taxpayer, no survivor, spouse,  where daughter is the exectuor.  TP is due refund.   From all accounts it looks like i dont need to file form 1310, but must attach short certificate, but cant efile return.   SOmehow this seems odd.


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Best answer by TAXOH

I've always just mailed it in with court papers. 

2 replies

TAXOH
TAXOHAnswer
Level 10
December 7, 2019

I've always just mailed it in with court papers. 

Level 3
February 23, 2020

I agree completely with you. No Form 1310 is needed. All that is required is to attached the court appointment to show that the daughter is TP legal representative. There should be no reason the returns can't be e-filed.... EXCEPT Proseries does not allow it. I called on this last year and the customer rep told me the IRS doesn't allow the returns to be e-filed. I would think, if that is true, the instructions for form 1310 would include that information.