Form 1310 refund of deceased with no spouse

[schirallicpa]

I think this situation may get a little sticky as I have inferred from the relatives, that not every one is happy.  The lady died this summer, and named a neighbor the executor of the will.  The children and nephews have not all signed off on paperwork yet and the court has not issued any paperwork stating that he is appointed as executor.  The 1310 requires that I send such paperwork in.  The question is - can the refund be deposited into her estate account directly, without having to deal with this.  Or maybe into the attorney's escrow account.  I know this is going to drag on well past Oct 15 and would like to have her tax return done.

 

[Elrod]

I would contact the attorney and get direction....You will sleep better....Good Luck.

[SaraEA]

Don't worry about the Oct 17 deadline; the estate is due a refund so the IRS doesn't care if the return is late.  I believe that when the box is marked that an executor has been appointed, the refund check is made out to the estate.  The return must be paper filed with the court appointment letter attached to the 1310.  When no executor has been appointed, the return can be efiled and I think the check is made out to the administrator (wlho signs that they will distribute the funds according to the laws of the state).  I've filed lots of both types, but alas no one alerts me as to how the check was delivered so I'm guessing.  I wouldn't rush it.  If the heirs want to argue about it they can just wait for their money.

[Elrod]

Schirallicpa,  Sara's answer is a whole lot better than mine.

I Tried, though!