Surviving Spouse Requirements In Phoenix
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FAQ
Claiming a refund If you file a return and claim a refund for a deceased taxpayer, you must be: A surviving spouse/RDP. A surviving relative. The sole beneficiary.
Form 56, which notifies the IRS that the surviving spouse or executor has taken over the decedent's affairs. Or, a copy of a letter from the court that grants the personal representative of the deceased the authority to manage his or her affairs, called the Letters Testamentary.
If you're a surviving spouse filing a joint return, or a court-appointed or court-certified personal representative filing an original return for the decedent, you don't have to file Form 1310.
To qualify for the Qualifying Surviving Spouse filing status, you must meet these four requirements: You qualified for Married Filing Jointly with your spouse for the year they died. You didn't remarry. You have a child, stepchild, or adopted child you claim as your tax dependent.
Use Form 1310 to claim a refund on behalf of a deceased taxpayer. You must file Form 1310 if the description in line A, line B, or line C on the form above applies to you. For more details on these descriptions, see Line A, Line B, and Line C, later.
Qualifying Surviving Spouse Filing Status Taxpayers who do not remarry in the year their spouse dies can file jointly with the deceased spouse. For the two years following the year of death, the surviving spouse may be able to use the Qualifying Surviving Spouse filing status.
Taxpayers can claim the qualifying surviving spouse filing status if all of the following conditions are met: You were entitled to file a joint return with your spouse for the year your spouse died. Have had a spouse who died in either of the two prior years. You must not remarry before the end of the current tax year.
Taxpayers can claim the qualifying surviving spouse filing status if all of the following conditions are met: You were entitled to file a joint return with your spouse for the year your spouse died. Have had a spouse who died in either of the two prior years. You must not remarry before the end of the current tax year.
It doesn't matter whether you actually filed a joint return. Your spouse died in the previous two years, and you didn't remarry before the end of the ensuing tax year. For example, if your spouse died in 2023 and you were unmarried as of Dec. 31, 2024, you could file as a qualifying widow(er) for the tax year 2024.
Otherwise, you will use the Single filing status. The Head-of-Household filing status is the better alternative to filing Single. This is because the tax rates are lower and the standard deduction higher than if you file single or married filing separately.