Form 1310 Statement of Person Claiming Refund Due to a Deceased Ta

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Form

I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 1310, PAGE 1 of 2
MARGINS: TOP 1⁄2 " CENTER SIDES
PRINTS: HEAD to HEAD
PAPER: WHITE, WRITING, SUB. 20
INK: BLACK
1
FLAT SIZE: 216mm (8 ⁄2 ") x 279mm (11")
PERFORATE: (NONE)
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

1310

Action

Date

O.K. to print
Revised proofs
requested

Statement of Person Claiming
Refund Due a Deceased Taxpayer

(Rev. November 2005)
Department of the Treasury
Internal Revenue Service

Signature

OMB No. 1545-0074
Attachment
Sequence No.

See instructions below and on back.

87

Tax year decedent was due a refund:
Calendar year

, or other tax year beginning

, 20

Name of decedent

, and ending
Date of death

/

20

/
Your social security number

Name of person claiming refund

Please
print
or
type

,

Decedent’s social security number

Home address (number and street). If you have a P.O. box, see instructions.

Apt. no.

City, town or post office, state, and ZIP code. If you have a foreign address, see instructions.

Part I
A
B
C

Check the box that applies to you. Check only one box. Be sure to complete Part III below.

Surviving spouse requesting reissuance of a refund check (see instructions).
Court-appointed or certified personal representative (defined below). Attach a court certificate showing your appointment,
unless previously filed (see instructions).
Person, other than A or B, claiming refund for the decedent’s estate (see instructions). Also, complete Part II.

Part II

Complete this part only if you checked the box on line C above.
Yes

No

1 Did the decedent leave a will?
2a Has a court appointed a personal representative for the estate of the decedent?
b If you answered “No” to 2a, will one be appointed?
If you answered “Yes” to 2a or 2b, the personal representative must file for the refund.
3 As the person claiming the refund for the decedent’s estate, will you pay out the refund according to the laws
of the state where the decedent was a legal resident?
If you answered “No” to 3, a refund cannot be made until you submit a court certificate showing your appointment
as personal representative or other evidence that you are entitled under state law to receive the refund.

Part III

Signature and verification. All filers must complete this part.

I request a refund of taxes overpaid by or on behalf of the decedent. Under penalties of perjury, I declare that I have examined this claim, and to
the best of my knowledge and belief, it is true, correct, and complete.
Signature of person claiming refund

General Instructions
Purpose of Form
Use Form 1310 to claim a refund on behalf of a deceased
taxpayer.

Who Must File
If you are claiming a refund on behalf of a deceased
taxpayer, you must file Form 1310 unless either of the
following applies:
● You are a surviving spouse filing an original or amended
joint return with the decedent, or
● You are a personal representative (defined on this page)
filing an original Form 1040, Form 1040A, Form 1040EZ, or
Form 1040NR for the decedent and a court certificate
showing your appointment is attached to the return.
Example. Assume Mr. Green died on January 4 before
filing his tax return. On April 3 of the same year, you were
appointed by the court as the personal representative for Mr.
Green’s estate and you file Form 1040 for Mr. Green. You do
not need to file Form 1310 to claim the refund on Mr. Green’s
For Privacy Act and Paperwork Reduction Act Notice, see page 2.

Date

tax return. However, you must attach to his return a copy of
the court certificate showing your appointment.

Where To File
If you checked the box on line A, you can return the
joint-name check with Form 1310 to your local IRS office or
the Internal Revenue Service Center where you filed your
return. If you checked the box on line B or line C, then:
● Follow the instructions for the form to which you are
attaching Form 1310, or
● Send it to the same Internal Revenue Service Center where
the original return was filed if you are filing Form 1310
separately. If the original return was filed electronically, mail
Form 1310 to the Internal Revenue Service Center
designated for the address shown on Form 1310 above. See
the instructions for the original return for the address.

Personal Representative
For purposes of this form, a personal representative is the
executor or administrator of the decedent’s estate, as
appointed or certified by the court. A copy of the decedent’s
Cat. No. 11566B

Form

1310

(Rev. 11-2005)

3
I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 1310, PAGE 2 of 2
MARGINS: TOP 1⁄2 ", CENTER SIDES
PRINTS: HEAD to HEAD
PAPER: WHITE, WRITING, SUB. 20
INK: BLACK
FLAT SIZE: 216mm (81⁄2 ") x 279mm (11")
PERFORATE: (NONE)
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

Form 1310 (Rev. 11-2005)

will cannot be accepted as evidence that you are the
personal representative.

Additional Information
For more details, see Death of a Taxpayer in the index to the
Form 1040, Form 1040A, or Form 1040EZ instructions, or get
Pub. 559, Survivors, Executors, and Administrators.

Specific Instructions
P.O. Box
Enter your box number only if your post office does not
deliver mail to your home.

Foreign Address
If your address is outside the United States or its
possessions or territories, enter the information in the
following order: City, province or state, and country. Follow
the country’s practice for entering the postal code. Do not
abbreviate the country name.

Line A
Check the box on line A if you received a refund check in
your name and your deceased spouse’s name. You can
return the joint-name check with Form 1310 to your local IRS
office or the Internal Revenue Service Center where you filed
your return. A new check will be issued in your name and
mailed to you.

Line B
Check the box on line B only if you are the decedent’s
court-appointed personal representative claiming a refund for
the decedent on Form 1040X, Amended U.S. Individual
Income Tax Return, or Form 843, Claim for Refund and
Request for Abatement. You must attach a copy of the court
certificate showing your appointment. But if you have already
sent the court certificate to the IRS, complete Form 1310 and
write “Certificate Previously Filed” at the bottom of the form.

Line C
Check the box on line C if you are not a surviving spouse
claiming a refund based on a joint return and there is no
court-appointed personal representative. You must also
complete Part II. If you check the box on line C, you must
have proof of death.
The proof of death is a copy of either of the following:
● The death certificate, or
● The formal notification from the appropriate government
office (for example, Department of Defense) informing the
next of kin of the decedent’s death.
Do not attach the death certificate or other proof of death to
Form 1310. Instead, keep it for your records and provide it if
requested.

Page

2

Example. Your father died on August 25. You are his sole
survivor. Your father did not have a will and the court did not
appoint a personal representative for his estate. Your father
is entitled to a $300 refund. To get the refund, you must
complete and attach Form 1310 to your father’s final return.
You should check the box on Form 1310, line C, answer all
the questions in Part II, and sign your name in Part III. You
must also keep a copy of the death certificate or other proof
of death for your records.

Lines 1–3
If you checked the box on line C, you must complete lines 1
through 3.

Privacy Act and Paperwork Reduction Act
Notice
We ask for the information on this form to carry out the
Internal Revenue laws of the United States. This information
will be used to determine your eligibility pursuant to Internal
Revenue Code section 6012 to claim the refund due the
decedent. Code section 6109 requires you to provide your
social security number and that of the decedent. You are not
required to claim the refund due the decedent, but if you do
so, you must provide the information requested on this form.
Failure to provide this information may delay or prevent
processing of your claim. Providing false or fraudulent
information may subject you to penalties. Routine uses of
this information include providing it to the Department of
Justice for use in civil and criminal litigation, to the Social
Security Administration for the administration of Social
Security programs, and to cities, states, and the District of
Columbia for the administration of their tax laws. We may
also disclose this information to other countries under a tax
treaty, to federal and state agencies to enforce federal
nontax criminal laws, or to federal law enforcement and
intelligence agencies to combat terrorism.
You are not required to provide the information requested
on a form unless the form displays a valid OMB control
number. Books or records relating to a form or its
instructions must be retained as long as their contents may
become material in the administration of any Internal
Revenue law. Generally, tax returns and return information
are confidential, as required by Code section 6103.
The average time and expenses required to complete and
file this form will vary depending on individual circumstances.
For the estimated averages, see the instructions for your
income tax return.
If you have suggestions for making this form simpler, we
would be happy to hear from you. See the instructions for
your income tax return.