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If you filed a tax return with a spouse who died in 2020 and you want to change the name of the taxpayer on the refund check, you must file Form 1310 Statement of Person Claiming Refund Due a Deceased Taxpayer. This form can be e-filed with the return.

To access Form 1310:

  1. From within your TaxAct return (Online or Desktop), click Federal. On smaller devices, click in the upper left-hand corner, then click Federal.
  2. Click Miscellaneous Topics in the Federal Quick Q&A Topics menu to expand, then click Claim for refund due a deceased person.
  3. Click + Add Form 1310 to create a new copy of the form or click Edit to review a form already created.
  4. Continue with the interview process to enter all of the appropriate information.
  5. On the screen titled Form 1310 - Qualifications, select A - Surviving spouse requesting reissuance of a refund check received in the name of both the descendent and the surviving spouse, then click Continue.

If you select "A" in Form 1310, you can return the joint-name check with Form 1310 to your local IRS office or the Internal Revenue Service Center where you filed your return. If you checked either "B" or "C:"

  • Follow the instructions for the form to which you are attaching Form 1310, or
  • Send it to the same Internal Revenue Service Center where the original return was filed if you are filing Form 1310 separately. If the original return was filed electronically, mail Form 1310 to the Internal Revenue Service Center designated for the address shown on Form 1310. See the instructions for the original return for the address.

Note that any link in the information above is updated each year automatically and will take you to the most recent version of the document at the time it is accessed.


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