10612: 1310 - Frequently Asked Questions

• How do I generate Form 1310? 
• Can I e-file Form 1310?
• How do I resolve these common EF messages? 
  
• How do I indicate that a Court Certificate is being attached instead of Form 1310? 

Generating Form 1310

Form 1310 is generated when:

• There is a Date of Death entered on screen 1,
• There is a refund, and
• Applicable entries are made on screen 1310.

Note: If the refund claimant is the surviving spouse, and the return is being filed as MFJ, Form 1310 should not be filed at all. 

If the federal return does not result in a refund, Form 1310 is not produced in View mode. This may cause an issue with some states that do not have their own version of Form 1310. In that case, select Tools > Blank Forms and print out a blank copy of Form 1310. Complete the form and mail it to the state.

e-Filing Form 1310

A return containing Form 1310 can only be e-filed in certain circumstances. EF messages are shown if there is an issue that prevents e-file. 

If either option A or B is marked for an original return, EF messages 1016 and 5420 prevent e-file. The return must be paper-filed with Form 1310 attached instead. 

If filing an amended return, e-file is supported for option B if the Court Certificate is either attached as a PDF or if the box Court certificate previously filed is marked. 

e-File for option C is generally supported once all required entries are made in Part II. 

Clearing EF Messages 

If you select option C, you must complete part II of Form 1310 to prevent EF message 5874. In Part II, if either line 2a or 2b is checked Yes, EF message 1005 generates due to the IRS guidelines that state: "If you answered “Yes” to 2a or 2b, the personal representative must file for the refund." Personal representative is option B instead. 

EF message 1007 is cleared by entering the name and SSN of the person claiming the refund as well as the signature and date fields on screen 1310. 

EF message 1036 is corrected by ensuring that the first and last names entered in the In care of field on screen 1 match the First name and Last name fields on screen 1310.

Attaching the Court Certificate

If the court certificate needs to be attached to an original return, follow these steps:

1. Save a copy of the court certificate on your computer. It must be named 1310CourtCertificate.PDF.
2. Check the box at the top of screen 1310 that says Court Certificate PDF attached (Form 1310 not required).
   • Note that when this option is marked, no other entries on screen 1310 are needed as Form 1310 is not required or generated in view mode. 
     
3. In view mode, attach the PDF of the court certificate to clear EF message 2439.

See Related Links below for more information about locating and attaching the PDF.