CA Deceased Spouse

[MAMalody]

Hmmm. I have a return where the husband died 28 May 2013. So I have the wife set to file the federal and the CA return as a surviving spouse. Not problem setting up the federal. On the CA return I am unable to locate on the CA FTB website whether the return can be e-filed. To my knowledge there is no executor of the estate. I seem to recall that a copy fo federal Form 1310 must be filed with the state return. Questiions: (1) can the CA return be e-filed (2) how do I indicate in the signature section filing as surviving spouse (when I enter the info on the data section it does not print that on the signature portion of the return and you cannot in the ATX program override the cell and type that in). (3) is federal Form 1310 required to be filed with the CA tax return. (4) what else am I missing? Thanks for any info out there.

[jainen]

>>what else am I missing?<<

You are missing the instructions, where all this is covered. Page 20 of the 540/540A booklet explains how to prepare the return, which is generally similar to the federal. Page 23 of FTB Pub 1345 explains what hard copy needs to be retained when e-filing.

[MAMalody]

I saw the 540 booklet info. Missed the FTB Pub 1345 page. Thanks for the input. If CA is similar to the feds, does that mean in place of the deceased spouse (husband) we should indicate in the signature section "filing as surviving spouse?" I am using ATX software which does not automatically do this, and does not allow you to override to do this.

[jainen]

>>If CA is similar to the feds, does that mean in place of the deceased spouse (husband) we should indicate in the signature section "filing as surviving spouse?"<<

Isn't she actually signing Form FTB 8453? The instructions for THAT form say, "Indicate next to your signature that you are the surviving spouse/RDP. Also, print “Deceased” and the date of death next to the name of the deceased taxpayer." Call tech support if the software isn't working.