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July 29, 2024
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Conflicting instructions: e-file 1040 return for deceased person with refund as direct deposit to her estate bank account

  • July 29, 2024
  • 1 reply
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I want to e-file 1040 of deceased person and have refund deposited to the bank account of her estates.  I am her court-appointed personal representative.

1) During review, Turbotax software states, "The taxpayer is deceased and the return shows a refund is due.  To e-file this return, Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer must be completed."

2) Online help chat says I can e-file 1040 and send Form 1310 separately.

3) Form 1310 asks for name and SSN of person claiming the refund.  I want the refund to go to the deceased's estate, which has an EIN, not a SSN.  I don't want the refund to go to me.

4) IRS Pub 559 ("Name, Address, and Signature" section) states, "if a personal representative has been appointed, that person must sign the return."

5) IRS Pub 559 ("Refund" section) states, "Form 1310 doesn't have to be filed if (a) you are claiming a refund and (b) you are a court-appointed or certified personal representative filing the decedent’s original return and a copy of the court certificate showing your appointment is attached to the return.

I'm looking for simple answers to the following questions:

a) Can I e-file using Turbotax?

b) Using Turbotax, can I direct the IRS to deposit the refund into the deceased's estate bank account?

c) If Turbotax requires me to fill out Form 1310 (even though the IRS doesn't) how do I compete the top section that asks for a name and SSN?

d) Given that the IRS doesn't require Form 1310, do I need to sign and mail it to the IRS or is it sufficient to mail a copy of the court order that appoints me as the personal representative?

    Best answer by M-MTax

    If you want the refund check or direct deposit to go to the estate account you don't need to file a 1310.

    1 reply

    M-MTax
    M-MTaxAnswer
    July 29, 2024

    If you want the refund check or direct deposit to go to the estate account you don't need to file a 1310.

    jllatimerAuthor
    July 29, 2024

    Then how do I get Turbotax to e-file and submit to the IRS?  It insists on completing Form 1310 during the Review step and also tells me I can't e-file if I bypass and go directly to the File step.

    M-MTax
    July 29, 2024

    Could be a limitation of the program.......not sure about that. If it is then you'll need to mail the return no matter what.