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September 17, 2023
Question

When filing for a deceased taxpayer, does the person claiming refund ALSO sign on the 1040-SR last page where it says "Sign Here," where the deceased would have signed?

  • September 17, 2023
  • 2 replies
  • 0 views
The person claiming refund has a 1310 to file, but do they also sign where the deceased would have signed on the 1040-SR as the "under penalties of perjury, I declare that I have examined...delcaration of prepare (other than taxpayers_ is based on all information of which prepare has nay knowledge."

Or is this meant to be left blank since the deceased person is no longer living and the 1310 is the person filing?

2 replies

Employee
September 18, 2023

See https://www.irs.gov/publications/p559#en_US_2022_publink1000201743

 

Signature.

If a personal representative has been appointed, that person must sign the return. If it is a joint return, the surviving spouse must also sign it. If no personal representative has been appointed, the surviving spouse (on a joint return) signs the return and writes in the signature area “Filing as surviving spouse.” If no personal representative has been appointed and if there is no surviving spouse, the person in charge of the decedent's property must file and sign the return as “personal representative.”

fanfare
Employee
September 18, 2023

The personal representative or executor must sign.

If it is a joint return, the spouse must also sign.

 

If there is no personal representative or executor

the spouse signs "as surviving spouse".

 

@alexpearce-mac-c 

Employee
September 18, 2023

It is also a good idea to file Form 56 (prospectively).

 

See https://www.irs.gov/publications/p559#en_US_2022_publink1000201741