Form 1310 - Refund Deceased Taxpayer

Generally, a 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. However, if the person claiming the refund is a surviving spouse filing a joint return with the decedent, or a court-appointed or certified personal representative filing an original return for the decedent, Form 1310 is not needed.

Additionally if you are a court-appointed representative, you must paper file the return in order to attach a copy of the certificate that shows your appointment.

To access this form, which can be e-filed with the return:

  1. From within your TaxAct return (Online or Desktop) click Federal. On smaller devices, click in the upper left-hand corner, then select Federal
  2. Click Miscellaneous Topics in the middle of the screen to expand the section and then click Claim for refund due a deceased person
  3. Click +Add Form 1310 to create a new copy of the form or click Review to review a form already created 
  4. The program will proceed with the interview questions for you to enter or review the appropriate information