1310

[AllTax1]

Taxpayer is deceased on 01-23-2025. He is not married and has no children. His mother is filing a return on his behalf to claim refund. She is court appointed and has a will. I attached copies PDF to e-file with return. Its not an amended return. Can i e-file and if so how do i answer questions on 1310 properly to not have errors that prevent me from e-filing the return? 

[IRonMaN]

Sometimes you can get lucky and the software accepts your combination of answers ------- and sometimes it doesn't and you have to paper file.

[BobKamman · Accepted solution]

I think what @IRonMaN means is, sometimes you have to attach the Form 1310, with instructions that tell you not to attach it, in order to attach the court document that is required.  Because e-filing is really not set up for dead taxpayers.  There are so few of them.  

[AllTax1]

  In part 1, I have to use C. Then in part 2 , 2a is a yes but then i get an error code for e-file. So that means i have to paper file. I already attached the PDF files. I can say that there is no court appointed person but that is not true. I guess i am just double checking to see if anyone else had the same problem and if there is a possible work around that does not end with me in jail and allows me to e-file this instead of mailing it. I appreciate the help and you taking a few to help reassure me that i am doing the right thing.

[sjrcpa]

@Just-Lisa-Now-  ?

[rbynaker]

This ends up being a two-prong problem.  If you follow the IRS instructions then you don't actually file a 1310 (see "who must file" for the 1310) but then you can't get beyond the ProSeries programming.

The work-around that I was able to use in the past:

1) Have the executor/personal rep send in Form 56 with the documentation attached.  They're supposed to do this anyway.

2) See if there's still a checkbox in ProSeries to tell the software that "the documentation has already been sent to the IRS."

This combination has worked for me in the past.

It's all a bit of a crap-shoot.  Often the IRS asks for documents they already have, just keep sending them.  Sometimes the SSN is locked and you can't efile anyway. <shrug>

Rick