Deceased, will not yet probated

[Kea]

My father passed away in January and his will is with the lawyer somewhere in the court process. I will be the executrix. I am the sole heir.

If I understand correctly, I can't sign / submit his return until I have been appointed by court?

Since it will be an original return, I don't need a Form 1310 for the refund?

If the Form 1310 is not attached, I can e-file it?

If it can be e-filed, I should submit the letter of testamentary with a Form 8453 - or do I just keep in my files?

Thanks

[Lion EA]

It's been awhile, but I think if it's not the spouse, that Form 1310 IS needed for a refund.

[TAXBILLY]

Sorry to hear about your dad.

My advice would be to file an extension and wait to see how things sort out. If there is a refund you will need a 1310.

taxbilly

[Catherine]

Kea,

My sympathies on your loss.

[bstaxes]

My sympathies also on you loss.

[Kea]

Thanks for the advice - I figured I needed an extension, and was hoping I wouldn't need the 1310. I haven't mailed a return in a while.

Thanks also for the sympathies.

[Margaret CPA in OH]

Indeed, so sorry for your loss.