Need help with Form 1310 Part II - I'm executor but there's no court/probate involved

You're in a common situation with Form 1310. Since you're the executor named in the will but no court proceedings are involved (thanks to the trust), you should check "No" on line 2a of Part II. This is because line 2a specifically asks if you were "appointed by the court." For line 2b, you would check "Yes" since you're the executor/personal representative named in the will. Then for line 3, you can check "Yes" as well, since as the executor you have the right to claim the refund. When submitting the form, include a copy of the will or trust document showing your designation as executor/personal representative. This provides the IRS with documentation of your authority to claim the refund on behalf of your father's estate even without court appointment.

After struggling with a similar Form 1310 situation when my mother passed (trust, no probate, was executor), I found an incredibly helpful tool at https://taxr.ai that actually guided me through this exact scenario. I uploaded my documents (Mom's will, trust paperwork, and the blank Form 1310), and the AI analyzed everything and gave me detailed instructions for each line - including that tricky Part II where you're stuck. It confirmed I should mark "No" on 2a since there was no court appointment, then "Yes" on 2b since I was named in the will. What I really appreciated was that it explained WHY each answer was correct based on my specific situation, which gave me confidence I was submitting everything properly. Saved me hours of research and worry!

I was in the same boat as you with my dad's trust and Form 1310 last year. I was pretty skeptical about using AI for tax help, but after spending hours on hold with the IRS and getting conflicting advice from two different preparers, I tried https://taxr.ai on a whim. Totally changed my approach! The document analysis confirmed exactly what to do - mark "No" on 2a, "Yes" on 2b, and include specific documentation. What impressed me most was how it identified a potential issue with my amended return I hadn't even considered. When I finally got through to the IRS a week later, they confirmed everything the AI had told me was correct. My refund was approved without any additional questions. For anyone handling estate tax matters, especially forms like 1310 with those confusing designation questions, it's definitely worth trying.

If you're having trouble getting answers from the IRS about Form 1310, I highly recommend using https://claimyr.com to actually get through to a real person at the IRS. I spent DAYS trying to reach someone at the IRS about my aunt's estate refund situation last month - constant busy signals or disconnects after waiting on hold forever. I was about to give up when someone recommended Claimyr. They basically wait on hold with the IRS for you, then call you when an actual agent picks up. Worked perfectly - I got connected to an IRS representative who specialized in deceased taxpayer refunds within about 45 minutes (after I had wasted days trying on my own). The agent walked me through exactly how to complete Part II of Form 1310 for my specific situation (executor via will, no court involvement). You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - seriously saved my sanity dealing with this process.

I was totally skeptical about Claimyr after seeing it mentioned here, but I was desperate after 6 failed attempts trying to reach the IRS about my father's 1310 form situation. Each time I waited 2+ hours only to get disconnected. I reluctantly tried it, and I'm still in shock at how well it worked. Their system called me back in about 75 minutes with an actual IRS estate tax specialist on the line. The specialist confirmed exactly what to do with Part II when you're named executor in a will but no court is involved (mark "No" on 2a, "Yes" on 2b). They also explained I needed to include a copy of the death certificate AND will/trust showing my designation. Without that call, I would have submitted incomplete documentation and delayed the refund by months. For anyone struggling with these deceased taxpayer forms, being able to actually speak with the IRS is invaluable.

When my spouse passed last year, I had to file Form 1310 to claim a refund. In my case, I was able to check the box in Part I that says you're a surviving spouse filing a joint return, which bypasses the need to complete Part II entirely. This might not help the original poster since they're the executor rather than spouse, but worth mentioning for others. A tip from my experience: I included not just the will but also my spouse's death certificate and a cover letter explaining exactly why I was filing Form 1310 and what documentation I was including. The IRS processed everything without questions and I received the refund in about 8 weeks.

One thing nobody has mentioned - if the refund is under $5,000 (you mentioned about $4,800), the IRS might be a bit more flexible. When I was handling my mom's refund last year (similar trust situation, no probate), I called the IRS and they told me that smaller refunds sometimes have simplified requirements. Make sure you're filing with a copy of the death certificate regardless of what else you include. In my experience, that was the most important document. Also, if you're e-filing the amended return, know that you'll need to mail Form 1310 separately afterward - you can't e-file both together.

I went through this exact situation with my mother's estate two years ago - executor named in will, assets in trust, no probate court involved. The key thing to remember is that Form 1310 Part II is asking specifically about court appointment, not whether you're the legitimate executor. You're absolutely correct to check "No" on line 2a since no court appointed you. Then "Yes" on 2b since you're named in the will as executor. For line 3, also check "Yes" since as the executor you have the legal right to receive the refund on behalf of the estate. I'd recommend including both a copy of the will (showing your executor designation) and the relevant pages of the trust document (showing how assets are held). This gives the IRS a complete picture of why no probate was necessary. Also include a death certificate copy. One tip from my experience: write a brief cover letter explaining that the estate was designed to avoid probate through the trust structure, but that you remain the legal executor per the will for tax purposes. This context helped smooth my processing - I received the refund in about 6 weeks with no follow-up questions from the IRS.

I just went through this exact scenario with my grandmother's estate last month. Like you, I was named executor in the will but all assets were in a revocable living trust, so no probate was needed. For Form 1310 Part II, you're absolutely right to check "No" on line 2a - that line is specifically asking about court appointment, which doesn't apply when probate is avoided through a trust. Then check "Yes" on 2b since you're the executor named in the will, and "Yes" on 3 since you have the legal authority to claim the refund. The documentation I included was: death certificate copy, the relevant pages of the will showing my executor appointment, and the first few pages of the trust document plus the section naming me as successor trustee. I also wrote a brief cover letter explaining that the trust was established to avoid probate but I remained the executor for tax purposes. The IRS processed everything smoothly and I received the $3,200 refund in about 7 weeks. The key is being clear about your legal authority while explaining why no court proceedings were necessary. Your trust setup is actually pretty common now, and the IRS is familiar with these situations.

I handled a very similar situation last year when my father passed and I was dealing with Form 1310. The trust/no probate scenario is actually quite common these days, and you're on the right track with your thinking. You're absolutely correct to mark "No" on line 2a of Part II - that question specifically refers to court appointment, which doesn't happen when probate is avoided through a trust structure. Then mark "Yes" on line 2b since you're named as executor in the will, and "Yes" on line 3 since you have the legal authority to claim the refund. The documentation package I submitted included: a copy of the death certificate, the relevant pages of the will showing my executor designation, and key sections of the trust document (specifically the pages that established the trust and named me as successor trustee). I kept it focused - you don't need the entire trust document, just the parts that establish your authority. One thing that really helped was including a brief cover letter explaining that while the trust structure avoided the need for probate court proceedings, I remained the designated executor for tax purposes per the will. This gave the IRS clear context for why I was authorized to claim the refund without court involvement. The whole process took about 6 weeks from submission to receiving the refund check. The IRS is familiar with these trust-based estate structures, so as long as your documentation clearly establishes your legal authority, it should process smoothly. Your $4,800 refund situation sounds very straightforward compared to some of the complex estate cases they handle.

I went through this exact situation with my mother's estate about 18 months ago - executor named in will, revocable living trust holding all assets, no probate needed. The Form 1310 Part II questions can definitely be confusing when you're in this hybrid situation. You're absolutely right to check "No" on line 2a since you weren't appointed by any court - the trust structure specifically avoided that. Then "Yes" on 2b because you're named executor in the will, and "Yes" on 3 since you have legal authority for the refund. The documentation I included was straightforward: death certificate copy, the will pages showing my executor appointment, and just the key trust sections (establishment pages and successor trustee designation). I also wrote a simple cover letter explaining that the trust avoided probate but I remained executor for tax purposes. One thing I learned - make sure to write "DECEASED" and the date of death clearly on the amended return itself. This helps the IRS route it properly. My refund was about $5,200 and took roughly 8 weeks to process, which seemed pretty standard for these situations. The IRS sees trust-based estates regularly now, so your setup isn't unusual at all. As long as your documentation clearly shows your authority to act on behalf of the estate, it should process without issues. The $4,800 amount is well within normal ranges and shouldn't trigger any additional scrutiny.