I am preparing a return for a client that died last month. Her neice is designated in the Will to dispose of the the property. She is not a court-appointed personal representative. I have answered all the questions properly on the 1310. Can I assume that I don't need to send anything in with the return, like the death certificate?
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A person applying for a refund (other than the surviving spouse) on behalf of a decedent where no court appt has been or will be made should provide a copy of the death certificate to you. See the instructions for 1310. This is generally in situations where there is no will. If there is a will and a niece has been designated as executor, then she should be probating that will and appointed as executor and/or personal representative. I would not do the return without this to avoid liability. A copy of the will won't be accepted by the IRS.Last edited by Burke; 03-25-2010, 06:19 PM. -
Just send the 1310
No death certificate is required.Comment
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taxxcpa is correct but be sure to keep one in your client fileBelieve nothing you have not personally researched and verified.Comment
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I always provide a copy of the Death Certificate with the 1310, required or not. It just seems to connect a relationship to the deceased for IRS to issue a refund to an unknow person, in IRS eyes.Last edited by BOB W; 03-26-2010, 07:58 AM.This post is for discussion purposes only and should be verified with other sources before actual use.
Many times I post additional info on the post, Click on "message board" for updated content.Comment
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