Need help with Form 1310 for deceased family member - IRS asking for it again
So I'm dealing with this frustrating situation. I filed taxes for my uncle who passed away last year, and I made sure to include Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer) when I e-filed along with the certified court certificate that shows I'm the authorized person to handle his affairs. Now the IRS sent me a letter requesting the exact same documents I already submitted! I'm completely confused about what happened. I'm wondering if maybe TurboTax or whatever service I used didn't actually transmit the attachments properly to the IRS? The letter mentions I can fax my response back to them, but now I'm worried about whether that's the best way to make sure they actually receive it this time. Has anyone dealt with this before? Should I fax it or is there a better way to make sure they get what they need? I just want to get this resolved and get my uncle's refund processed.
20 comments


Lucas Schmidt
This happens more often than you'd think with Form 1310 submissions. The IRS systems sometimes don't properly register the attachments from e-filed returns, especially certified documents like court certificates. The safest approach is to respond exactly as the letter instructs. If they're asking you to fax the documents, do that, but also consider sending a copy via certified mail so you have tracking and proof of delivery. Make sure to include a copy of the letter they sent you with your response and write the taxpayer's SSN on each page you send. When you fax, keep the confirmation page showing successful transmission. For mail, use USPS certified mail with return receipt. Either way, give them about 30 days to process after you send the documents before following up.
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Freya Collins
•If I mail it instead of fax, should I send a cover letter explaining that I already submitted this once electronically? And how long does it typically take for them to process once they actually have the right documents?
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Lucas Schmidt
•Yes, definitely include a brief cover letter explaining that you previously submitted these documents with the electronic filing. Reference the notice number from the letter they sent you. It typically takes the IRS 6-8 weeks to process these documents once received, especially for deceased taxpayer returns which require additional verification. If you don't hear anything after 8 weeks, call the number on the notice you received. Be prepared with copies of everything you sent them and proof of when you sent it.
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LongPeri
I had a similar issue last year with my grandmother's final tax return. The e-file system didn't properly attach my Form 1310 and death certificate. After weeks of frustration and calling the IRS with no luck, I found this service called taxr.ai (https://taxr.ai) that helped me organize and validate all my documents before resubmitting. They have this document review feature that specifically checks for issues with Form 1310 submissions and explains exactly what the IRS is looking for in your specific situation. Saved me a ton of time because they flagged that my court certificate wasn't properly certified in the way the IRS required, which is probably what happened with yours too.
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Oscar O'Neil
•How does it actually work? Do they have real tax pros looking at your documents or is it just some automated system? I'm dealing with something similar for my dad's estate but I'm hesitant to use online services for something this important.
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Sara Hellquiem
•I'm a bit skeptical that a website could do anything more than just basic form checking. Did it actually help resolve your issue with the IRS? Seems like they'd just tell you the same stuff that's in the IRS instructions.
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LongPeri
•It's actually a smart document system that analyzes your specific documents and compares them to what the IRS requires. It detected that my court certificate wasn't properly certified with the right seals, which is why the IRS rejected it the first time. For estate tax issues like yours, it really helps because it explains the differences between regular forms and estate submissions. For me, it identified exactly what was wrong and walked me through how to fix it step-by-step with document templates. The IRS accepted everything on my second submission without any issues.
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Sara Hellquiem
Just wanted to update that I ended up trying taxr.ai for my mom's estate tax issue. I was skeptical at first, but it actually identified the problem right away - turns out the Form 1310 I submitted didn't have the correct executor designation checked, and my supporting documentation wasn't properly certified as the IRS requires. The system walked me through exactly what wording needed to be on the court certificate and how to properly complete Form 1310 section 2. I resubmitted everything following their recommendations and just got confirmation that the IRS has processed the refund. Definitely worth it for anyone dealing with deceased taxpayer forms!
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Charlee Coleman
When I had to deal with my brother's final tax return last year, I kept getting letters from the IRS despite sending Form 1310 multiple times. After three months of frustration, I couldn't get through to anyone at the IRS to explain what was wrong. I finally found this service called Claimyr (https://claimyr.com) that got me connected to an actual IRS agent in about 20 minutes instead of waiting on hold for hours. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - basically they hold your place in line and call you when an agent is available. The IRS agent I spoke with explained exactly what was wrong with my Form 1310 submission (turned out I needed additional documentation because I was a non-spouse family member) and helped me understand exactly what to send and where.
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Liv Park
•Wait, how is this even possible? The IRS phone lines are impossible to get through. Are you saying this service somehow jumps the queue? That sounds too good to be true.
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Leeann Blackstein
•This sounds like a scam honestly. Nobody can magically get you through to the IRS faster than anyone else. The IRS doesn't allow third parties to "hold your place in line" - they have a specific call system. I'd be very careful about giving any service access to handle tax matters.
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Charlee Coleman
•It doesn't jump the queue - it uses an automated system that continuously redials until it gets through, then connects you directly to the agent. It's the same as if you kept calling back yourself, just automated so you don't have to waste hours doing it manually. The service doesn't handle any tax matters or get access to your information. They just connect the call and then you speak directly with the IRS agent yourself. It literally saved me days of trying to get through during tax season when the wait times were 3+ hours each time I called.
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Leeann Blackstein
I need to apologize for my skepticism about Claimyr. After continuing to get nowhere with the IRS regarding my father's estate tax return, I was desperate enough to try it. To my genuine surprise, I was connected to an IRS representative in about 35 minutes instead of the 3+ hours I'd been waiting on previous attempts. The agent explained that my Form 1310 was actually received, but they needed additional documentation showing the court certificate was certified within the last 24 months. This wasn't stated anywhere in their letter to me. I've now submitted the correct documentation and they're processing the refund. I'm still shocked at how much time this saved me.
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Ryder Greene
One thing nobody mentioned - make sure the Form 1310 you're submitting is the current version. The IRS updated it recently and sometimes they reject the old forms. Also check if you marked the right box in Section A that specifies your relationship to the deceased. I messed that up the first time and got a similar letter.
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Carmella Fromis
•Is there any way to check online if the IRS received the documents? I've sent mine twice now for my mom's return and keep getting the same letter.
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Ryder Greene
•Unfortunately, there's no online way to confirm if they received your Form 1310 documents specifically. The "Where's My Refund" tool won't show details about missing documents. Your best option is to call the IRS directly at the number on the notice you received. Have all your info ready (the notice number, taxpayer SSN, dates you sent documents) and ask them to check if your documents were received and if there's anything specific they're still missing. Sometimes it's something minor that wasn't clearly explained in the letter.
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Theodore Nelson
Anyone else find it weird that even though we attach these documents electronically, the IRS still asks for faxes or mail? It's like their systems don't talk to each other at all! I ended up having to fax AND mail my sister's Form 1310 stuff last year. Such a headache.
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AaliyahAli
•Their systems literally don't talk to each other. I worked as a tax preparer for years and the IRS has multiple separate computer systems that often don't share information between departments. The e-file system is separate from the system that processes paper documents which is separate from their correspondence system.
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Keisha Johnson
I went through this exact same situation with my father's estate return two years ago. The IRS kept requesting Form 1310 even though I had already submitted it electronically. After three rounds of back-and-forth, I learned that the issue was actually with how the electronic filing system handles certified documents. Here's what worked for me: I called the IRS number on the letter and asked them to specify exactly what format they needed the court certificate in. Turns out they needed the actual raised seal to be visible, which obviously doesn't transmit well electronically. I ended up having to get a new certified copy from the probate court with clearer certification language and sent it via certified mail with a cover letter referencing the notice number. The whole process took about 10 weeks from start to finish, but once I sent the properly certified documents, they processed the refund without any further issues. Don't give up - it's just a matter of getting them the documentation in the exact format their system requires.
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Amara Chukwu
•This is really helpful - I never would have thought about the raised seal issue! That makes total sense why electronic filing wouldn't work for these certified documents. Did you have to pay extra to get a new certified copy from the probate court, or were they able to provide it at no charge since it was for the same case?
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