I went through almost this exact situation with my father's estate last year - executor named in will, revocable living trust holding all assets, no probate court involvement. The Form 1310 Part II questions can definitely be tricky when you're in this hybrid situation. You're absolutely right to check "No" on line 2a since that question specifically asks about court appointment, which doesn't apply when probate is avoided through the trust structure. Then check "Yes" on line 2b since you're the executor named in the will, and "Yes" on line 3 since you have the legal authority to claim the refund. For documentation, I included: death certificate copy, the relevant pages of the will showing my executor designation, and key sections of the trust document (establishment pages and successor trustee designation - you don't need the entire trust). What really helped was writing a brief cover letter explaining that while the trust structure eliminated the need for probate court proceedings, I remained the designated executor for tax purposes per the will. This gave the IRS clear context for the situation. The whole process took about 7 weeks from submission to receiving the refund check of around $4,200. Trust-based estates are quite common now, so the IRS is familiar with these setups. As long as your documentation clearly establishes your authority to act on behalf of the estate, it should process without issues. Don't forget to write "DECEASED" and the date of death on the amended return to help with proper routing.

I just dealt with this exact scenario when my grandmother passed last month - executor named in will, all assets in revocable living trust, no probate needed. Form 1310 Part II was confusing at first, but you're absolutely on the right track. You should definitely check "No" on line 2a since that specifically asks about court appointment, which doesn't happen when probate is avoided through a trust. Then "Yes" on 2b because you're named executor in the will, and "Yes" on 3 since you have authority to claim the refund. I included: death certificate copy, relevant will pages showing executor designation, and key trust sections (just the establishment pages and successor trustee info - not the whole document). The cover letter approach others mentioned is perfect - I explained that while the trust avoided probate, I remained executor for tax purposes per the will. My refund of $4,100 was processed in about 6 weeks with no questions asked. The IRS is very familiar with these trust-based estates now. Make sure to write "DECEASED" and date of death on your amended return for proper routing. Your situation is actually quite common and straightforward - don't overthink it!

This has been such a comprehensive discussion! As someone who works in tax preparation, I wanted to add one practical consideration that might help with the decision-making process. Given all the complexity around timing, documentation, and strategy that's been discussed here, your father might benefit from running some actual numbers on the potential tax impact. If the property has appreciated significantly since the $380k purchase, the difference between having the Section 121 exclusion available versus not could be substantial. For example, if the house is now worth $500k and he sells in a few years, he'd potentially owe capital gains on $120k of appreciation ($500k - $380k basis). With the primary residence exclusion, that $120k gain would be tax-free. Without it, he could owe $18k-$28k+ in federal taxes alone (depending on his income level and state taxes). This kind of concrete analysis might make the decision about whether to move back into the house much clearer. Sometimes when you see the actual dollar impact, it becomes obvious whether it's worth adjusting your living situation for a couple of years to preserve that tax benefit. The documentation strategies everyone has mentioned are spot-on, but having a clear picture of the potential savings can help prioritize which steps are most important to take right away.

As a newcomer to this community, I'm amazed by the depth of expertise shared in this thread! Reading through all these responses has been incredibly educational about divorce property transfers and tax implications. I'm currently going through a divorce myself and had no idea about Section 1041 or how complex the basis calculations could be. The discussion about timing requirements for the "incident to divorce" classification is particularly eye-opening - it seems like there are so many nuances that could easily be missed without proper guidance. What strikes me most is how the primary residence exclusion strategy could save tens of thousands in taxes, but only if you plan ahead and document everything properly. The advice about moving back in to start the 2-year clock, updating your address with Form 8822, and keeping detailed records seems crucial for anyone in a similar situation. I'm definitely going to bookmark this thread for reference as I navigate my own property division. The combination of technical tax knowledge and practical strategic advice here is invaluable. Thank you to everyone who contributed - you've probably saved many people from costly mistakes!

I'm so sorry for your loss, Kiara. Losing a grandmother is incredibly difficult, and having to navigate these bureaucratic obstacles while grieving just adds insult to injury. I went through this exact same situation with my mother's estate about a year ago, and those restricted hours drove me absolutely crazy too. After reading through all the excellent advice in this thread, I can confirm that the early morning phone strategy really does work. Here's what I learned from my experience: The IRS system is restricted because EIN applications trigger real-time database updates across multiple federal agencies, and they need technical staff available to handle any sync failures that occur during processing. For immediate success, call 800-829-4933 at exactly 7:00 AM Eastern Time on Tuesday or Wednesday morning. Set your alarm for 6:58 AM and be ready to dial right at 7:00. Have everything organized on paper beforehand - your grandmother's full legal name from the death certificate, her date of death, your SSN as responsible party, and the exact legal name for the estate. I waited about 20 minutes and the actual conversation took only 13 minutes once I got through. The agent was very understanding about the estate situation and I received the EIN immediately. If the phone doesn't work out, Form SS-4 faxed to 855-641-6935 processes in 4-5 business days, which should still work for your bank timeline. Your grandmother would be proud of how you're taking care of everything for her during this difficult time. Once you get the EIN, opening the estate account becomes much more straightforward. You've got this!

I'm so sorry for your loss, Kiara. Dealing with estate matters while grieving is incredibly challenging, and the IRS's restricted hours just make an already difficult situation worse. I actually went through this same process with my aunt's estate about 6 months ago and experienced the exact same frustration. The online system kicked me out twice when I was almost finished, and I couldn't understand why a simple web form wasn't available 24/7. After reading all the excellent advice in this thread, I can confirm that the early morning phone strategy really works. I called 800-829-4933 at exactly 7:00 AM Eastern on a Tuesday morning (set my alarm for 6:58 AM), waited about 18 minutes, and had my EIN within 15 minutes of speaking to the agent. The key is being completely prepared before you call: have your grandmother's death certificate, the exact legal name for the estate, your SSN as responsible party, and any estate classification questions already resolved with your attorney. Write everything down so you don't fumble when you finally get through. The restricted hours exist because the system has to sync with multiple federal databases in real-time, and they need technical support available when things go wrong. It's frustrating but there are legitimate technical reasons behind it. If the phone doesn't work out, the fax backup (Form SS-4 to 855-641-6935) takes 4-5 days but should still meet your bank deadline. Your grandmother would be proud of how you're handling everything during this difficult time. Once you get past this hurdle, the rest of the estate process becomes much more manageable.

I've been following this thread closely since I'm having the exact same issue! After reading everyone's suggestions, I wanted to share what I'm planning to try and maybe we can update each other on what works. My approach is going to be: 1. First, try the early morning submission (around 5-6 AM) with a completely clean browser and wired internet connection 2. If that fails, use the taxr.ai tool to check for any hidden validation errors that might be causing the IRS system rejection 3. As a last resort, consider switching to TaxAct or using the Claimyr service to get through to OLT support What's really helpful about this thread is seeing that this isn't just a "wait it out" situation - there are actual technical issues and data validation problems that can be fixed. The fact that @Chloe Green and @Mila Walker had success with taxr.ai after struggling with the same submission freezing gives me hope. I'll report back on what works for me. In the meantime, has anyone tried contacting their bank or credit card company about getting a refund from OLT if we end up having to use a different platform? Seems unfair to pay twice for the same tax filing.

I'm experiencing the exact same freezing issue with OLT! This thread has been incredibly helpful - I had no idea so many others were dealing with this problem. Based on everyone's experiences, it sounds like there are multiple potential causes: server overload during peak hours, hidden validation errors in our tax data, browser/connection issues, or even antivirus software interference. I'm going to try @Admin_Masters suggestion about completely clearing all browser data first, then attempt submission during early morning hours like @Zoe Gonzalez recommended. If that doesn't work, the taxr.ai tool that helped @Chloe Green and @Mila Walker seems worth trying to identify any data validation issues that OLT isn't catching. Has anyone had success with OLT's live chat feature, or is phone support the only way to reach them? I noticed their website mentions live chat during business hours, but I haven't seen anyone mention trying that route yet. Really appreciate everyone sharing their troubleshooting experiences - it's reassuring to know this isn't just user error on our part!

This is exactly why I ended up switching to a different approach this year! After getting burned by Sprintax's misleading marketing last season, I did some research and found that most states simply don't have the infrastructure to accept e-filed returns from non-resident aliens - it's not just a Sprintax limitation. What worked for me was using the IRS Free File program for my federal return (since I qualified income-wise) and then going directly to my state's tax website to see if they had any online filing options for non-residents. Some states like New York actually do have basic online forms you can fill out and submit electronically, even as a non-resident. The key is to check your specific state's department of revenue website first before paying for any third-party service. You might be able to do everything yourself for free and avoid the paper mailing hassle entirely. Wish I had known this before spending money on services that can't actually deliver what they promise!

As someone who's been through this exact frustration, I totally feel your pain! I made the same mistake with Sprintax two years ago and learned the hard way about their state filing limitations. Here's what I wish someone had told me: for California specifically, the Franchise Tax Board actually has a pretty decent online system called CalFile that works for some non-resident situations. It's not as comprehensive as full e-filing, but it's way better than printing and mailing everything. The real game-changer for me was discovering that you can often get free tax help through VITA (Volunteer Income Tax Assistance) programs at universities. Most large campuses have volunteers specifically trained on international student tax issues, and they can often e-file both federal and state returns using professional software that has capabilities consumer software doesn't. I ended up getting my taxes done completely free through my university's VITA program, and they caught several deductions I would have missed. The volunteer who helped me was actually an accounting student who specialized in international tax issues. Definitely worth checking if your school offers this - it's usually available from February through April. Next year, skip the expensive software and check out your campus resources first!