Other Tax Questions
Questions and comments on other topics covered in Fairmark.com, such as UTMA accounts, and any tax questions that don't fit our other categories.
Please help-Form 56 & 1310 questions
Posted by: nyacker, September 28, 2017 11:17PM
My mother passed away in late 2016. She died without a will and through the office of the register of wills at City Hall (Philadelphia), I was made administrator of her estate (no court hearings involved). I filed her taxes and after many weeks of it remaining in the "processing" stage I gave them a call. I was told by the IRS that I have to submit forms 56 and 1310 and am running into a few questions.

Form 56- Would I say that I am "court appointed of intestate estate (no valid will exists)". Does going through the register of wills mean I am court appointed even though there was no court involvement?

If yes, in Part III (Court and Administration Proceedings) of the form it asks for Name of court, date proceeding initiated, address of court, docket number of proceeding, address, date, time and place of proceedings. I am not sure how I would answer those questions.


Form 1310 asks similar questions, am I:
Court-appointed or certified personal representative (defined below). Attach a court certificate showing your appointment, unless previously filed (see instructions).
OR

Person, other than A or B, claiming refund for the decedentís estate


I'd appreciate your help with this.

Re: Form 56 and 1310 questions
Posted by: DeeDee, September 29, 2017 05:51AM
It would most definitely help getting a response back if you would let us know the resident state of the deceased.

Re: Form 56 and 1310 questions
Posted by: nyacker, September 29, 2017 10:02AM
Oh, yes. Pennsylvania.

Re: Form 56 and 1310 questions
Posted by: motax, September 29, 2017 02:36PM
Why would the state matter for Federal Form 1310 ?

Re: Form 56 and 1310 questions
Posted by: motax, September 29, 2017 02:43PM
If you are filing the tax return and requesting a refund, you only need Form 1310.


Re: Form 56 and 1310 questions
Posted by: nyacker, September 29, 2017 07:24PM
I'd submitted the 1040 and I thought the 1310 too, along with proof that I was admin of the estate. However, after months of not receiving anything I called them and they said I need to send in a 56 and 1310.

Re: Form 56 and 1310 questions
Posted by: motax, October 3, 2017 12:45PM
If just requesting a refund, Form 56 is NOT required. However, I would send the Form 1310 along with the 56 providing any documentation you have regarding your ability to properly distribute the refund. Be sure you answer all of the questions on Form 1310 or they will send it back to you.

Re: Form 56 and 1310 questions
Posted by: nyacker, October 4, 2017 05:20PM
Yes, I want to complete the forms correctly, but that's what I am having trouble with. I have questions about the forms and I didn't know where else to turn to for help. This why I joined here. Any guidance on my questions would be appreciated. Thanks in advance.



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