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FORM 1310 WORK AROUND TO HAVE EXECUTOR E-FILE FOR DECEASED TAXPAYER'S REFUND

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Level 2

I have electronically filed using Form 1310 in the past (ProSeries Basic) using a work around.   I have a c/o address for the executor in the person applying for the refund.   There are no highlighted boxes on 1310 but the program is just defaulting to "refund of deceased person - must paper file".   

If you know the work around, please share it with me.

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Level 10

My (limited) understanding is that if you have to attach the court appointment letter (in VA it's called a "Letter of Qualification") then you have to paper file.  If the timing is such that, say TP dies on 1/15/19, you paper file the 2018 tax return with the letter attached, then you can efile the 2019 return and check the box saying that the information is already on file (although about half the time, the IRS will reject the efile because it somehow has a flag for TP deceased and is trying to prevent a fraudulent return).

Not sure why we can't just mail in the document with an 8453 but I haven't figured out how to do that.  Let me know if you figure it out, I have one pending now that will need to be mailed in.

Rick

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13 Replies 13
Highlighted
Level 10

My (limited) understanding is that if you have to attach the court appointment letter (in VA it's called a "Letter of Qualification") then you have to paper file.  If the timing is such that, say TP dies on 1/15/19, you paper file the 2018 tax return with the letter attached, then you can efile the 2019 return and check the box saying that the information is already on file (although about half the time, the IRS will reject the efile because it somehow has a flag for TP deceased and is trying to prevent a fraudulent return).

Not sure why we can't just mail in the document with an 8453 but I haven't figured out how to do that.  Let me know if you figure it out, I have one pending now that will need to be mailed in.

Rick

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Level 2
Rick - I remembered the work around - Since my Form 1310 was filled out correctly and had no "pink" boxes and the error showing just said cannot e-file, one can just turn off "error checking for Electronic Filing".   For ProSeries Basic, go to E-file, select Electronic Filing, click on Convert/Transmit and UNCHECK "ENABLE CONVERSION ERROR CHECKING", and then click OK.
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Level 4

It appears your solution does not work on current software. I just wish I could know if this is an Intuit software issue (I think it is)

or is is an IRS rule.

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Level 10
Interesting, thanks.  But then how do you get the court documentation to the IRS?
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Level 2
With Form 56 -
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Level 9
Level 9
I have wondered if we could attach the document as a pdf.   It's a pain mailing it in.
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Level 10
Ah 56, that makes total sense.  Thanks!
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Level 2
Yes, you can attach the "short certificate" or appointment as administrator to Form 56 as a pdf.
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Level 3
Not seeing form 56 in basic, or are you printing it out and attaching it as a pdf with the court documents.  Always just mailed them before with the form 1310 and the court documents.  Did not think they would send the refund to the estate otherwise?
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Level 2

I have the same issue, TP died in 2019.  I'm trying to file electronically, but pro series says I must paper file.  Given all the issues with COVID, the IRS is backed up with paper returns and won't process refunds for several months.  What's the latest work around to e-file for deceased taxpayer's refund?

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Level 4

Today, I followed the work around listed in this thread. I converted and transmitted return and unchecked "conversion error checking". Although I filed the court appointment papers with 56 previously. I did attached it and also check box b1 on form 1310 so it prints "cert. previously filed" 

My two errors are From 1310 Part 1, no matter what box you check it creates an error and Info worksheet that says "deceased and refund" paper file only.

Although I am not sure of E-filing rules. It appears we can e-file the return, but the software has an issue. Wondering if Pro-Series can fix this? Would be nice to see an Intuit engineer chime in on this post.

I will post back when I find out if it worked.

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Level 15

"Would be nice to see an Intuit engineer chime in on this post."

Never gonna happen.


ex-AllStar
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Level 4

So the first reject for my return said to do a couple things. I did.

Then rejected again. However in the reject comments it specifically says what I need to do, which is done. Errors are still in return. IRS is still rejecting. 

Yup, without being positive, this post should not have a solved like it it. It should say 

Intuit does not care to fix the problem or address the problem as to factual basis it has to be paper filed. From all I can see, the information is there to e-file.

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