Yardley CPA Posted March 30, 2008 Report Share Posted March 30, 2008 I am preparing the final return for a single client who passed away in 2007. Return shows a refund due. Client's sister was named executrix in client's Will. Thankfully, I do not prepare all that many "final" returns but was wondering if form 1310 is required in this situation? Or is the refund automatically made payable to the "Estate of?" Thanks! Quote Link to comment Share on other sites More sharing options...
GERALD Posted March 30, 2008 Report Share Posted March 30, 2008 No, you don't, but a copy of the court appointment as executrix must be attached. I generally attach them anyway, since they are not that big of a deal. Quote Link to comment Share on other sites More sharing options...
TAXBILLY Posted March 30, 2008 Report Share Posted March 30, 2008 Form 1310 is required. taxbilly Quote Link to comment Share on other sites More sharing options...
RoyDaleOne Posted March 30, 2008 Report Share Posted March 30, 2008 Form 1310 may or may not be required, see the instruction to the form. Quote Link to comment Share on other sites More sharing options...
Yardley CPA Posted March 30, 2008 Author Report Share Posted March 30, 2008 Form 1310 may or may not be required, see the instruction to the form. I guess I am a bit confused. The client's sister is the executrix as stipulated in the Will. I've read through the instructions and cannot determine if the form is required or not. Is there anything specific I should be looking for? Quote Link to comment Share on other sites More sharing options...
GERALD Posted March 30, 2008 Report Share Posted March 30, 2008 Well, I don't see how it could be much plainer than what it says right on the 1310 under WHO MUST FILE. Quoting, in part, " must file 1310, UNLESS, either of the following applies.........You are a peronal representative,......and a court certificate showing your appointment is attached to the return." As I said before I usually do the 1310 anyway, because clients seem to understand better. Quote Link to comment Share on other sites More sharing options...
Yardley CPA Posted March 30, 2008 Author Report Share Posted March 30, 2008 Well, I don't see how it could be much plainer than what it says right on the 1310 under WHO MUST FILE. Quoting, in part, " must file 1310, UNLESS, either of the following applies.........You are a peronal representative,......and a court certificate showing your appointment is attached to the return." As I said before I usually do the 1310 anyway, because clients seem to understand better. Yes, I've read the instructions. I see what you are referencing. I guess the issue I am having is the difference between a "personal represenative" and executrix. Are they one and the same? Quote Link to comment Share on other sites More sharing options...
grandmabee Posted March 30, 2008 Report Share Posted March 30, 2008 Yes, I've read the instructions. I see what you are referencing. I guess the issue I am having is the difference between a "personal represenative" and executrix. Are they one and the same? Yes same thing Quote Link to comment Share on other sites More sharing options...
Yardley CPA Posted March 30, 2008 Author Report Share Posted March 30, 2008 Yes same thing Thanks for all the responses. Quote Link to comment Share on other sites More sharing options...
taxxcpa Posted March 30, 2008 Report Share Posted March 30, 2008 My opinion is that you file Form 1310 always whether the court order is required or not. I had always used 1310 for deceased taxpayers, but the other day I filled it out and it did not show up in the computer output. Finally I realized the reason: there was no refund--there was a balance due. The IRS isn't too fussy about who pays the tax due--but wants evidence for refunds. Quote Link to comment Share on other sites More sharing options...
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