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February 9, 2024
Question

I am the Executor of my uncle's will. I was told to file his taxes. We haven't been to probate yet, so I'm not court appointed. How do I file and get refund in bank?

  • February 9, 2024
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AmyC
Employee
February 9, 2024

You will file Form 1310 as a personal representative.  The IRS has a quick  How Do I File a Deceased Person program. It is very detailed and may give you additional information. Caution: There may be a requirement to file an estate tax return. For additional assistance, please refer to Publication 559, Survivors, Executors, and Administrators

I am very sorry for your loss.

 

From IRS, no court order but do have a will

 

In order to obtain a refund for a decedent’s tax overpayment, including any refundable credits that the decedent is entitled to, as a general rule you must file a claim for refund within 3 years from the date the original tax return was due or 2 years from the date the tax is considered paid, whichever is later.

 

If the return is not filed electronically, write the decedent's name on the name line of the return and the personal representative's name and address in the remaining space. The person in charge of the decedent's property must file and sign the return(s) as "personal representative". The return(s) must be filed with the Internal Revenue Service Center for the state in which the personal representative lives.

 

The person who is filing a return for a decedent and claiming a refund must file Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer, with the return(s).

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