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Form 1310 California San Bernardino: What You Should Know

If your spouse is dying, you should file Form 1310 on his or her behalf, just to verify your claim on your own estate. You and your spouse can do this by filing the form on your own, without you or your spouse submitting an estate. You could also mail in Form 1310 with your tax return, along with a letter from your spouse indicating he or she should file this form to receive a refund. If your husband or wife died, but you have property in his or her name, you should ask the person who's currently named on the will to write a notice of your marriage. This will let you fill out the form with this information. Then when you die, the person named on the deceased person's will fill out Form 1310. Form 1310 may only be filed by a person claiming a federal estate tax refund for the decedent (that is, on your behalf), as well as: the spouse, dependent children (born outside of marriage), or estate of the decedent; the deceased person who is not the surviving spouse or dependent child; or the surviving spouse or dependent child of the decedent. A surviving spouse or dependent child must also have been the owner or beneficiary of the property. If you are the estate executor (or if the decedent was a dependent or a child of the executor, and also is included on your estate) your executor is required to fill out a separate Form 1310. The executor is not obligated to file, but he and must have the letter from the remaining estate trustee. In addition, the executor should send a copy of the Form 1310 to the other estate trustees. If you're the executor (or if the surviving spouse or dependent child of the decedent is included on your estate), you can't claim a refund from the decedent's estate for yourself, but you can claim that refund from the surviving spouse's estate, which you are allowed to do on your own. The decedent's personal representative (person named on the will or other estate document) usually must file Form 1310. The deceased person's personal representative (person named on the will or other estate document) must also fill out a separate Form 1310 for himself or herself. In addition, the personal representative should mail a copy to the person who named him or her on the will or other estate document.

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