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Form 1310 – Claim a Refund Due a Deceased Taxpayer

Who Is Required To Fill Out Form 1310?
If you are claiming a refund on behalf of a Deceased Taxpayer, you must file Form 1310 unless either of the following applies:

  • You are a surviving spouse filing an original or amended joint return with the decedent, or
  • You are a personal representative filing an original Form 1040, Form 1040A, Form 1040EZ, or Form 1040NR for the decedent and a court certificate showing your appointment is attached to the return.
Form 1310 can be used by a deceased taxpayer’s personal representative, surviving spouse, or anyone who is in charge of the decedent’s property in order to claim a refund that was due to the taxpayer at the time of death.  If a personal representative has been appointed, they must sign the tax return.  A surviving spouse can sign by themselves if no personal representative has been appointed, or along with the personal representative if they will be filing a joint tax return with the deceased taxpayer.


Can Form 1310 Be E-Filed?
Depending on the circumstances, Form 1310 can be filed electronically.  Answer the questions based on the decedent’s situation.  If the return is not able to be e-filed, the program will generate a red diagnostic warning to block the return from being marked complete and being electronically filed.

NOTE: This is a guide on entering Form 1310 into Keystone Tax Solutions program.  This is not intended as tax advice.

Updated on July 9, 2018

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