Filing Form 1310: A Guide for Claiming Refund Due a Deceased Taxpayer

May 26, 2025 By Rick Novak

Having to deal with the death of a loved one while also having to deal with the stress of filing taxes is a daunting undertaking. But, if a deceased taxpayer is due a refund, it is still possible to claim it on their behalf by completing Form 1310, a Statement of Person Seeking Refund Due to a Deceased Taxpayer. In this case, the deceased taxpayer must have been entitled to a refund. This article will describe what Form 1310 is and how to file Form 1310.

Understanding Form 1310

Form 1310 is the document that taxpayers need to claim a refund on behalf of a taxpayer who has passed away. Form 1310 is submitted along with the final income tax return of the taxpayer who has passed away, although it can also be submitted on its own. This claim can only be brought up by a limited group of individuals related to the deceased. The major beneficiary of the estate of the deceased person is the person who is responsible for filing Form 1310. Your relationship with the deceased person determines the documentation and filing requirements you must meet.

Eligibility of Filing Form 1310

Certain individuals can only submit Form 1310. To be eligible, the person who files the claim must be one of the following:

  1. The dead taxpayer's estate executor or administrator
  2. The spouse of a decedent who files a joint tax return
  3. A legal agent of the decedent's estate who can handle tax matters

In addition, the individual filing the claim must have satisfied the tax obligation of the taxpayer who passed away. Also, you must accept legal responsibility for paying the tax burden.

Where Do I File IRS 1310?

Send a completed Form 1310 to the IRS office handling the federal tax return of the person who has died. You can find these addresses in the instructions for Form 1040. They vary depending on the type of form you use and the address of the person who died. You might find these addresses in the Form 1040 instructions. If all you need is a new check for a joint refund, you can send your paperwork to the IRS office in your area that handles local tax returns.

How do I file Form 1310?

You can't e-file Form 1310. It must be sent through the mail. If you have previously submitted the associated tax return electronically, that is OK. Read the instructions below to learn where the form should be sent.

The surviving spouse of a decedent must file Form 1310 using the same Internal Revenue Service processing facility used for the decedent's tax return.

Who Can Claim Deceased Taxpayer Refunds?

Requests for tax refunds rightfully owed to a taxpayer who has passed away can be submitted to the IRS by the taxpayer's surviving spouse or the taxpayer's "personal representative." A personal representative is accountable for carrying out the terms of a will or completing any financial responsibilities for a deceased person.

Either a will or a judge overseeing the probate process can choose to name a personal representative or executor. There are situations when the widow(er) or the heirs are the ones who naturally step into the role. Only the personal representative has the authority to file tax returns and receive any tax refunds due.

How to File Form 1310

Filing Form 1310 is a simple process to follow. The form will notify the Internal Revenue Service (IRS) that a taxpayer has died. Also, the tax refund that was about to be issued to that individual should be redirected to a surviving spouse or beneficiary. To ensure that the form is submitted correctly, please follow these step-by-step instructions:

Step 1: Gather the Basic Required Information

You are going to need to acquire the following information before you can start filling out Form 1310:

  1. The name of the decedent taxpayer, their Social Security number, and the date of their passing
  2. Name, address, and social security number of the individual or organization requesting the return
  3. Details about the dead taxpayer's tax filings, including the tax year in question
  4. A certified copy of the decedent's death certificate

Step 2: Complete Form 1310

Fill out Form 1310 once you have obtained all the required data. The form has two sections:

  • Taxpayer Identification After Death
  • Claim Form for Tax Refund Due to a Person Who Has Passed Away

Please ensure that both portions of the form are completed correctly and legibly. The most recent version of Form 1310 can be found on the IRS website.

Step 3: Attach the Supporting Documentation

In addition to filling out Form 1310, you will have to attach supporting documentation, such as the following:

  1. A copy of the last tax return filed by the taxpayer who has passed away
  2. A duplicate of the certificate of death
  3. Provide more evidence to support your argument

Step 4: Submit Form 1310

You can send Form 1310 to the Internal Revenue Service once you have completed it and attached any relevant supporting paperwork. Either physically sending the paperwork to the relevant IRS processing center or electronically submitting it through the IRS e-file system are acceptable methods for accomplishing this goal.

To Wrap Up

It can be tough and emotionally painful to file taxes for a loved one who has passed away. You can properly file Form 1310 and request a refund on behalf of the taxpayer who has passed away if you adhere to the qualifying requirements and follow the procedures. Gather all the required information and paperwork before submitting the form to the proper IRS processing facility. If you have any questions or concerns regarding your taxes, please do not be afraid to seek advice from the Internal Revenue Service or a tax professional.

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