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.
California estate taxes are due and payable by the estate's executor on or before nine months following the date of death.
Form 1310 is a tax form that is filed with the IRS to request a tax refund for a deceased individual. This form is typically filed by a surviving spouse, another beneficiary, or the executor of the deceased's estate.
Processing times can vary, but it typically takes several weeks for the IRS to process Form 1310 and issue a refund.
What other information do I need to include with the return? Copies of the death certificate. Copies of the decedent's will and/or relevant trusts. Copies of appraisals. Copies of relevant documents regarding litigation involving the estate.
To have a refund issued to anyone other than a surviving spouse or court-appointed or certified personal representative, file IRS Statement of Person Claiming Refund Due a Deceased Taxpayer (Form 1310) when filing the federal return.
A surviving relative. The sole beneficiary. Legal representative of the estate.
Generally, Virginia does not require an estate tax return unless there is a federal estate tax return due.
Any person who seeks to prove that he has a debt or demand against the decedent or the decedent's estate shall file his claim in writing with the commissioner of accounts, who shall endorse upon it the date of the filing and sign the endorsement in his official character.
In Virginia, an estate will need to be probated when a person dies with property valued at more than $50,000. So, to avoid probate, you must either have a very small estate or take steps to ensure that your assets transfer automatically to beneficiaries.