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Unlocking the Power of IRS Form 1310: A Guide to Reclaiming Your Refund


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When a loved one passes away, dealing with their financial affairs can be a challenging and emotional task. One important aspect to consider is their outstanding tax obligations and any potential refunds owed to them. The IRS Form 1310, also known as the Statement of Person Claiming Refund Due a Deceased Taxpayer, plays a crucial role in this process. In this comprehensive guide, we'll delve into the intricacies of Form 1310, how to complete it, and the steps you should take to claim refunds on behalf of a deceased taxpayer.

Why IRS Form 1310 Matters

The IRS Form 1310 is a crucial document for individuals responsible for settling the financial matters of a deceased taxpayer. When a taxpayer passes away, any potential tax refunds owed to them become part of their estate. Form 1310 is designed to ensure that the rightful beneficiaries or heirs can claim these refunds.

Part 1: Understanding IRS Form 1310

What is IRS Form 1310?

Form 1310 is an IRS document used to claim a refund on behalf of a deceased taxpayer. It is typically required when:

  1. The deceased taxpayer is owed a refund, or
  2. Someone is entitled to the refund, such as a surviving spouse, family member, or legal representative.

Who Can File IRS Form 1310?

The following individuals or entities are eligible to file Form 1310:

  • Surviving spouses
  • Legal representatives
  • Executors of the deceased's estate
  • Heirs or beneficiaries

When Is IRS Form 1310 Required?

Form 1310 is necessary when a deceased taxpayer was entitled to a refund, and the refund needs to be claimed by someone else. This might be the case when the deceased individual didn't file a tax return for the year in question, or when the refund is for a year in which a joint return was filed and one spouse has passed away.

Part 2: How to Complete IRS Form 1310

Gathering Necessary Information

Before filling out Form 1310, you'll need specific information and documents, including:

  • The deceased taxpayer's Social Security Number (SSN)
  • A copy of the death certificate
  • Documentation establishing your relationship to the deceased taxpayer
  • Information about the tax return, such as the tax year and the amount of the refund

Filling Out the Form

Form 1310 consists of several sections:

  1. Header Information: This includes the name and SSN of the deceased taxpayer and the person claiming the refund.
  2. Part I - Reason for Filing: In this section, you must provide details about why you're filing the form. Common reasons include being the surviving spouse, a legal representative, or the executor of the estate.
  3. Part II - Relationship to the Deceased: Explain your relationship to the deceased taxpayer. This could be as a spouse, heir, or other qualifying status.
  4. Part III - Certification: Sign and date the form, certifying that the information provided is accurate to the best of your knowledge.

Where to File

The mailing address for Form 1310 depends on the taxpayer's last residence. The instructions included with the form will provide the appropriate address to use.

Part 3: Tips and Considerations

Keep Records

It's essential to keep copies of all documents related to Form 1310, including the completed form itself, the death certificate, and any supporting documentation. This will help in case the IRS requests additional information or verification.

Filing Deadlines

Form 1310 should be filed as soon as possible after the taxpayer's death. The IRS generally recommends filing it within a year of the deceased individual's passing. However, there are exceptions, so it's best to consult a tax advisor to determine the appropriate timeframe.

Seek Professional Guidance

Navigating IRS Form 1310 and the associated tax implications can be complex, especially during a time of mourning. If you're uncertain about how to proceed, seeking the assistance of a qualified tax advisor is a wise choice. They can provide guidance, ensure compliance with IRS regulations, and help maximize your potential refund.


The IRS Form 1310 is an essential tool for claiming refunds on behalf of a deceased taxpayer. While it can be a challenging process, understanding the form and the associated requirements is crucial for ensuring that rightful beneficiaries receive the refunds they are owed. If you find yourself in this situation, don't hesitate to reach out to a tax advisor for professional assistance. They can guide you through the process, helping you navigate the complexities of tax law during a difficult time. Claim the refunds your loved one is entitled to and secure their financial legacy.