Death of Taxpayer Prior to Filing Return
1
The following information is adapted from the IRS Form 1040 Instructions:
  • If a taxpayer died before filing their return and has a filing requirement, the surviving spouse or personal representative must file the final return. If taxes were withheld, a return must be filed to claim a refund.
  • If your spouse died and you didn’t remarry that year, you can generally file a joint return, reporting their income up to the date of death and your income for the full year. If there’s a court-appointed personal representative, they must sign the return; if not, the surviving spouse should sign and write “filing as surviving spouse.”
  • Notify all income payers of the death to ensure proper reporting, and don’t use the deceased person’s SSN for tax years after the year of death except for estate tax matters.
See Publication 559 for details.

Claiming a Refund for a Deceased Taxpayer
If you are filing a joint return as a surviving spouse, you only need to file the tax return to claim the refund.
If you are a court-appointed representative, file the return and include a copy of the certificate that shows your appointment. All other filers requesting the deceased taxpayer's refund must file the return and attach Form 1310.

To enter the date of death for the taxpayer or spouse, follow the steps below.

Online 
Dashboard 
  1. From within your TaxAct return, click About. 
    • On smaller devices, click the menu at the top left corner of your screen, then make your selection.
  2. Check the box Legally blind, permanently disabled, or passed away.
  3. Type the date of death in the box. After you enter the date of death, TaxAct will display “Deceased,” the name of the decedent, and the date of death at the top of Form 1040.
Classic 
  1. From within your TaxAct return, click Federal. 
    • On smaller devices, click the menu at the top left corner of your screen, then make your selection.
  2. Click the Basic Information drop-down, then click Name.
  3. Check the box Legally blind, permanently disabled, or passed away.
  4. Type the date of death in the box. After you enter the date of death, TaxAct will display “Deceased,” the name of the decedent, and the date of death at the top of Form 1040.
Desktop
  1. From within your TaxAct return, click Federal. 
  2. Click the Basic Information drop-down, then click Name.
  3. Check the box Legally blind, permanently disabled, or passed away.
  4. Type the date of death in the box. After you enter the date of death, TaxAct will display “Deceased,” the name of the decedent, and the date of death at the top of Form 1040.