Filing Status & Requirements

If you are a surviving spouse filing a married filing a joint return and no personal representative has been appointed, you should sign the return and write in the signature area, "filing as surviving spouse." The 1040 return page 1 top margin should have the word "Deceased," the decedent's name, and the date of death written in. You should include a Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer is required only if you are a surviving spouse not filing an original or amended return with the decedent for that year.