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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 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.

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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