Form OR-243, Claim to Refund Due a Deceased Person 2025

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How Long to Keep Tax Returns After Death of a Loved One? We generally recommend that you keep tax records for seven years after the passing of a loved one. The Internal Revenue Service can audit your loved ones for up to three years after their death. This is called a statute of limitations.
Claiming a refund A surviving relative. The sole beneficiary. Legal representative of the estate.
AS SOON AS THEY ARE RECEIVED by irs (send certified or drop them at a taxpayer assistance center to be sure) call the Taxpayer Advocate Services 877-777-4778 and ask for the hardship offset bypass. Dont wait. The window for approval is between receipt of the return and the setting of the refund date.
Representatives who arent court-appointed must include Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer to claim any refund. Surviving spouses and court-appointed representatives dont need to complete this form. The IRS doesnt need a copy of the death certificate or other proof of death.
To get the refund, you must complete and attach Form 1310 to your fathers 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.
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People also ask

If the deceased person did not file individual income tax returns for the years before their death, their surviving spouse or representative may have to file prior year returns. The IRS considers the surviving spouse married for the full year their spouse died if they dont remarry during that year.
While some debts disappear after the debtor dies, thats not true of tax debts. That debt is now owed to the IRS by the deceaseds estate, and the IRS will attach a lien to it for the amount owed. If the estate includes property, like a home, the lien may include that property.
Generally, the IRS or relevant tax authority can only claim unpaid taxes through the deceaseds estate. If the person dies without assets, the taxes may go unpaid. Tax laws vary depending on the circumstances, so its always advisable to seek professional advice.

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