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TP daughter is the court representative so I am checking box B, however ATX is giving me an error saying I need to check box C since there is a small refund that will be deposited into the estate, and if I check box C, and answer Yes to all the question, ATX is giving me an error that I need to check the Yes and No boxes.  Any help would be appreciated.

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8 hours ago, NECPA in NEBRASKA said:

If you can efile this return, I am going to cry. Every time I have one with a refund, I have to mail the damn thing. I have two sitting in a trailer waiting to be opened right now.

Ok so mailing is the trick, box B should be sufficient since they have the court appointed letter and that should entitle them to the refund correct?

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I efiled one that was accepted on 3 April.  Please don't cry.

I think the most important thing is checking yes on Box 3.

Did you scan letters testamentary in as a .pdf before efiling?

I assume you left the second box (2b) blank?

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Catherine uses Drake so her experience with this won't be helpful.

I'd say that if the deceased had a will then the court won't be needed to appoint a representative b/c the will should have specified an executor.  I think the way you've answer the top questions B & C are a mismatch for the answers in the next section.

If you check box 'C', then I'd answer as follows and see if that clears your errors:

  • line 1 - yes
  • line 2a - no
  • line 2b - no
  • line 3 - yes

I haven't checked the instructions, but with this fact pattern I believe the instructions say to not attach any documentation to the return but to keep the will on hand if IRS requests it.  I've never had that request to date for any I've filed this way, YMMV.

 

 

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The one I efiled in February was just like mwrightea.  I think the problem is the OP stated way back in the beginning that the daughter was a court appointed rep.  If that is the fact, then it seems one must follow whatever the rules are.  Don't complete Part II and attach the certificate.  Out of curiosity, I looked at the instructions.  It seems odd the for Line B, that should be checked only if claiming a refund for decedent on Form 1040X or Form 843. So maybe add Form 843?  The instructions seem to support this.

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9 hours ago, mwrightea said:

Just had a 1040 return accepted with a 1310with Direct Depost! 

Boxes Checked as follows:

C X

1 Yes X'd

2 A & B No X'd

3 Yes X

Make sure you enter the date signed in part III. on form 1310.

 

^^ following this worked, I am still going to attach a copy of the death certificate and court appointee document for a refund under $100

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Whatever works to make it e-file and not sit with 30 million unprocessed returns. As long as you're comfortable that she is a Rep/can sign and receive refund, do whatever it takes not to paper file. (Like answering NO to the cryptocurrency question even though your client DID "...receive...otherwise acquire..." crypto.)

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@Lion EA mentioned my above (as did Judy) so here is what I learned:

The error message is because the IRS instructions say to attach a copy of the court appointment.  They do NOT specifically state that the court appointment paperwork can be attached as a pdf.  Nor do they state that is not acceptable.  So some software companies (Drake among them) refuse to allow e-filing with the court appointed person. 

What I did was to check Box C and attach the court appointment pdf.  It sailed through.   As Lion said, *anything* to keep it from spending a year in a trailer.  This particular one was a big refund, too.  And I'm explaining to all my older clients (and their POA kids, if any) why it's a good idea to always owe a little bit.

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It has been a while since I had one of these, but I was thinking that somewhere farther down there was a box to check that the paperwork had already been sent to the IRS.  I think this is intended if for some reason you are on your second return for the deceased taxpayer.  But if checking that box would allow you to attach the PDF copy and e-file on the first go round, I would be more comfortable with that than with checking the wrong box.  Or that box may no longer be there.  Like I said, it has been a while. 

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