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Level 5
August 20, 2023
Question

Why is Form 1310 not being generated

  • August 20, 2023
  • 1 reply
  • 10 views

I have just prepared just prepared a 2022 Form 1040 for a deceasd taxpayer who died August 31, 2022.  Decedent was a widow, and her son has been appointed as Executor of her estate.    There is a refund calculated on behalf of the decedent of $626.   I have checked the efile features, so I am going to be efiling the federal return.  

Normally, I would be seeing and getting prompts to completed Form 1310, and would have to check the various boxes on that.   However, Form 1310 is nowhere to be found, and it seems like the system is going to allow me to efile the return, and a paper check for the refund will be going out in the mail.   Something seems wrong here?    Is this sofware not working properly?  Any help or guidance, please?  Thanks much.   Jeff Crossland

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1 reply

Just-Lisa-Now-
Intuit Community Champion
August 20, 2023

Youre sure youve got the date of death entered?  I know it sounds dumb to ask, but I did this a few weeks ago.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
JeffCPAAuthor
Level 5
August 20, 2023

Hi Lisa.   Not dumb to ask at all, as I thought that same thing when I first noticed this.  But, yes, I do have the date of death entered, which is 08/31/2022.  I even checked the pdf of the first page of Form 1040, and up at the top of that page, as is typical, the document reased "deceased" with date of death.   So, as far as I can tell, I have entered everything correctly, and yet I am not being prompted at all to complete form 1310, and not getting any kind of the typical message that would tell me this return is not eligible to be efile.   Seems very odd.  Jeff 

rbynaker
Level 13
August 20, 2023

I've seen a lot of contradictory advice regarding a 1310.  From the form instructions, I think the example at the bottom of page 1 meets your fact pattern:

https://www.irs.gov/pub/irs-pdf/f1310.pdf

"You do not need to file Form 1310 to claim the refund on Mr. Green’s tax return.  However, you must attach to his return a copy of the court certificate showing your appointment."

In the past PS automatically triggered the 1310 though and you had to check some boxes to make the errors go away.