Federal Form 1310 Instructions
Future developments. Information about any future
developments affecting Form 1310 (such as legislation enacted
after we release it) will be posted at www.irs.gov/form1310.
Purpose of Form
Use Form 1310 to claim a refund on behalf of a deceased
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 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.
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 will
cannot be accepted as evidence that you are the personal
For more details, see Death of a Taxpayer in the General
Instructions section of the Form 1040, Form 1040A, or Form
1040EZ instructions, or get Pub. 559, Survivors, Executors, and
Enter your box number only if your post office does not deliver
mail to your home.
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.
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.
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.
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
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
If you checked the box on line C, you must complete lines 1
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, the District of
Columbia, and U.S. commonwealths and possessions for use in
administering 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
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
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.