return for deaceased TP

[Super Mom]

Never done one of these where there is no surviving spouse. What do I need to get from the executor (daughter) for her to sign 8879--there is a lawyer for the estate, will talk to her tomorrow, usually lawyers don't know much about tax law though!

[geekgirldany]

Get Power of Attorney and letter showing who is appointed executor.

[Super Mom]

Do I keep a copy of the POA with the 8879 on file or do I have to mail anything?

[mastertaxguy]

Deceased taxpayer form 2848 vs 1310

It would seem that to claim a refund, only a form 1310 is needed.
Although form 56 would be a good idea.
If a balance due, signer is the person in charge of the estate. Also form 56, and attach a copy of letters of authority/evidence of court appointment/trustee status as applicable.
There really is no need for a form 2848 under these facts.

[geekgirldany]

Should have been clearer. On the POA, I've always been provided one by the lawyer taking care of the estate.

[Burke]

Death certificate and Court appt of executor is all you need. If there is a refund, you complete 1310 but in that case, I do not believe you can efile the return, since there is no surviving spouse filing MFJ. You may be able to efile if there is a balance due and no Form 1310 involved. The SSN of executor or personal representative will also be required on the 1310. Not sure why you would need a POA, unless it is your practice to get one on every return. There are not always lawyers involved in estates.

[Gretel]

Burke

Curious. Form 1310 does not ask for the death certificate. Why would you attach it? Have the same situation and tax return will be picked up tomorrow.

[Burke]

I always ask for one for my files. It does not get attached to anything you send to the IRS. But I have had many occasions to use them. Sometimes much later.
The court appt of executor proves there is actually a deceased, but it doesn't have a date of death on it. (Maybe in some states, but not here.)