If the letters of administration and death cert are attached to a return, is form 1310 required?
From the instructions for Form 1310: Use Form 1310 to claim a refund on behalf of a deceased taxpayer. Who Must File If you are claiming a refund on behalf of a deceased taxpayer, you must file Form 1310 unless either of the following applies: â— You are a surviving spouse filing an original or amended joint return with the decedent, or â— You are a personal representative (defined on this page) filing an original Form 1040, Form 1040A, Form 1040EZ, or Form 1040NR for the decedent and a court certificate showing your appointment is attached to the return. Example. Assume Mr. Green died on January 4 before filing his tax return. On April 3 of the same year, you were appointed by the court as the personal representative for Mr. Green’s estate and you file Form 1040 for Mr. Green. You do not need to file Form 1310 to claim the refund on Mr. Green’s tax return. However, you must attach to his return a copy of the court certificate showing your appointment.
