How to Open an Estate Bank Account Using an IRS EIN in California | California Probate | FastCounsel
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How to Open an Estate Bank Account Using an IRS EIN in California

Detailed Answer

Short overview: After a person dies, the estate’s money and assets are usually collected and managed by a personal representative (executor named in a will, or administrator appointed by the court). To handle estate funds separately from your personal accounts, most banks require an Employer Identification Number (EIN) for the estate and proof of your authority to act. Below are practical steps for a California estate, the documents banks usually ask for, and links to official resources.

Step-by-step: How to open an estate bank account in California using an IRS EIN

  1. Determine whether probate is required.

    Not every estate needs probate. Small estates, certain transfers by beneficiary designation, or property held jointly may avoid full probate. If probate is not required, consult bank policies — some banks will still accept an estate account with a death certificate and signed beneficiary or transfer paperwork. For general probate information from the California courts, see: California Courts — Probate & Estate Administration.

  2. Get an official death certificate.

    Order multiple certified copies from the county where the death occurred. Banks, the IRS, and other institutions frequently require certified copies rather than photocopies.

  3. Obtain legal authority to act for the estate.

    If the decedent left a will and you are named executor, you usually must be issued letters testamentary by the probate court. If there’s no will, the court issues letters of administration to the appointed administrator. Most banks require a certified copy of these letters before allowing you to open an estate account in the estate’s name. For starting probate or getting letters, see the California Probate Code and the California courts’ self-help pages: https://www.courts.ca.gov/selfhelp-probate.htm and the Probate Code on the California Legislative Information website: California Probate Code.

  4. Apply for an EIN for the estate from the IRS.

    An estate is a separate taxpayer and normally needs an EIN to file the decedent’s final tax return and any estate income tax returns. You can apply online (fastest), by fax, or by mail. For immediate EIN applications, use the IRS online EIN application: IRS — Apply for an EIN. The application will ask for the decedent’s name, Social Security number, date of death, the name of the executor/administrator, and mailing address for the estate.

  5. Gather documents the bank will require.

    Although banks vary, you should expect to provide:

    • Certified copy of the decedent’s death certificate.
    • Certified copy of letters testamentary or letters of administration (or, if no probate, written instructions from the decedent like a payable-on-death designation, trust documentation, or beneficiary designation).
    • The estate’s EIN (IRS confirmation letter — CP 575 or an EIN assignment notice, or the EIN number obtained online).
    • Your government ID and Social Security number. Banks will run identity verification and anti-money-laundering checks.
    • If the estate is small and probate is not opened, some banks accept a small-estate affidavit or an affidavit of successor pursuant to Probate Code procedures — confirm with the bank and the county court clerk.
  6. Open the account in the correct name and with appropriate signatures.

    Typical account naming syntax used by banks: Estate of [Decedent’s Full Name], by [Your Full Name], as Personal Representative. Use the estate EIN on account paperwork — do not use your personal SSN for estate funds. Only use estate funds for estate expenses, creditor claims, taxes, and distributions per the will or California intestacy rules.

  7. Keep clear accounting and separate estate funds.

    Maintain a ledger of deposits, payments (funeral costs, taxes, probate fees, creditor claims), and distributions. California Probate Code imposes duties on personal representatives to inventory, preserve, and account for estate assets; good records help when you must file inventories or accountings with the court. For general statutory framework, consult the California Probate Code: https://leginfo.legislature.ca.gov/faces/codes.xhtml?lawCode=PROB.

What banks typically ask for (quick checklist)

  • Certified death certificate(s)
  • Certified letters testamentary or letters of administration (or trust document if named trustee)
  • Estate EIN (IRS confirmation letter or the number you received online)
  • Your photo ID and proof of address
  • Copy of the will (if applicable) or other documents explaining who has authority

Common issues and how to avoid them

  • Delay in probate: If you need immediate access to funds (for funeral bills or mortgage), ask the bank about short-term relief (some banks allow limited payouts with a death certificate and bills) or file for expedited probate relief with the court.
  • Using your personal account for estate matters: Avoid mixing funds. Doing so risks personal liability and can complicate estate accounting in California Probate Court.
  • Bank refusal to accept EIN alone: Many banks will not open an estate account on an EIN plus a death certificate alone — they want court-issued letters that show your authority. Call the bank ahead to confirm requirements.

Where to get official forms and further help

Helpful Hints

  • Call the bank first. Each bank’s policies differ; ask specifically whether they require certified letters from probate, how many death certificates they need, and whether they accept the IRS online EIN confirmation.
  • Order several certified death certificates — banks, social security, life insurance companies, and county recorders all require originals.
  • Keep estate funds in a separate account and label it clearly to avoid commingling and to simplify accounting and tax filings.
  • Keep a copy of all documents you give the bank and get receipts for all estate payments you make.
  • If the estate will file an estate tax return (federal Form 706) or if estate assets generate income, consult a tax advisor about filing requirements tied to the estate EIN.
  • If you run into court-process questions (how to get letters, small estate affidavits, or summary proceedings), use California Courts’ self-help resources or contact the probate clerk at the county courthouse where the decedent lived.

Disclaimer: This article is for general informational purposes only and is not legal advice. I am not a lawyer. Rules can vary by county and bank, and California law changes over time. For advice about your specific situation, consult a licensed California probate attorney or your county probate court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.