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If a refund is due on the individual income tax return of the deceased, claim the refund by submitting Form 1310, Statement of a Person Claiming Refund Due a Deceased Taxpayer.
Form 1310 cannot be e-filed. You can prepare the form and then mail it in to the same IRS Service Center as the decedents tax return would be mailed to. You would complete the form as their personal representative. See Form and instructions in link below.
The IRS doesnt need a copy of the death certificate or other proof of death.
Use Form 1310 to claim a refund on behalf of a deceased taxpayer.
A refund in the sole name of the decedent is an asset of the decedents estate. Eventually, it will be distributed to the decedents heirs or beneficiaries (assuming there is money left in the estate after all legitimate debts are paid).
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If the ITR is not filed, the legal heir is liable to pay the penalty or fines. They may also face penal consequences. However, they are only responsible to pay the taxes or penalties to the extent of the money he has inherited. The penalty to be paid by the heir depends on the tax liability of the deceased person.
If a court-appointed personal representative is specified, they are not a surviving spouse, and the return results in a refund, Form 1310 isnt needed.
If a court-appointed personal representative is specified, they are not a surviving spouse, and the return results in a refund, Form 1310 isnt needed.
Use Form 1310 to claim a refund on behalf of a deceased taxpayer.
Register as Legal Heir (applicable in case of any deceased taxpayer) Go to the My Account menu located at upper-left side of the page Click Register as Representative Select the Request Type as New Request and Select the Category to Register as Deceased (Legal Heir) Click Proceed Click Submit.

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