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How to Open an Estate Bank Account in Florida Using an IRS EIN

August 12, 2025 6 min read

How to Open an Estate Bank Account in Florida Using an IRS EIN

Short answer: As the person handling a deceased parent’s affairs in Florida, you typically need two things to open an estate bank account: (1) legal authority from the probate court (Letters showing you are the personal representative or similar court order) or another acceptable proof of authority, and (2) an Employer Identification Number (EIN) issued by the IRS for the decedent’s estate. Banks may also require a certified death certificate and other documents. Below are step‑by‑step explanations, legal links, and practical tips.

Detailed answer — step by step (Florida law and practical steps)

1. Decide whether you actually need an estate account

Not every situation requires opening a new bank account titled in the estate. If assets pass directly to named beneficiaries (payable‑on‑death accounts, joint accounts with right of survivorship, transfer on death designations, or assets held in trust), the bank or institution will often transfer them without a probate estate account. Florida also provides procedures for small or summary administrations in certain cases. See the Florida probate statutes for details: Florida Statutes Chapter 733 (Probate) and Florida Statutes Chapter 735 (Disposition of Personal Property Without Administration). If unsure, call the bank and a probate clerk or consult an attorney to confirm.

2. Obtain legal authority to act (Letters or court order)

To access assets held solely in the decedent’s name, Florida banks usually require proof that you have authority to act for the estate. That proof usually comes from the circuit court through the probate process and is called “Letters” (often “Letters Testamentary” or “Letters of Administration”), or a court order appointing you the personal representative. File a probate petition in the county where the decedent lived. The clerk of court or probate division will explain required filings and forms. For general probate rules, see: Florida Statutes Chapter 733.

3. Get multiple certified copies of the death certificate

Order certified copies from the Florida Department of Health’s Vital Records (or the county health department). Banks commonly want a certified death certificate when you open the estate account. See: Florida Vital Statistics.

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

The estate must have its own taxpayer identification number when the estate will receive income, pay debts, or file an estate or fiduciary income tax return (Form 1041). The IRS issues an EIN for estates. You can apply:

When completing Form SS‑4, list the entity type as an “estate” and use the decedent’s name in the format the IRS asks for (often “Estate of [Decedent Name]”). After issuance the IRS usually sends a confirmation letter (CP 575) or the online confirmation that you can print and give to the bank.

5. Bring the right documents to the bank

Banks vary. Typical required documents include:

  • Certified death certificate (several copies).
  • Letters from the probate court showing your appointment (or other court order).
  • IRS EIN confirmation (CP 575 letter or the SS‑4 confirmation or the online printout).
  • Your government ID (driver’s license or passport).
  • Copy of the will (if there is one) — banks sometimes ask for it but they generally rely on court letters.

Agree on the account name format with the bank. A common format is: “Estate of John Q. Citizen, by Jane Doe, Personal Representative.” Ask the bank whether they require specific wording.

6. Keep estate funds separate — do not commingle

Once opened, deposit estate checks into the estate account and pay estate expenses (debts, taxes, funeral costs) from it. Florida law imposes fiduciary duties on personal representatives to act in the estate’s best interest; do not mix estate funds with your personal funds.

7. Tax and reporting responsibilities

If the estate earns income after the decedent’s death (interest, dividends, rental income, etc.), the estate likely must file Form 1041 (U.S. Income Tax Return for Estates and Trusts). The decedent’s final individual income tax return (Form 1040) covers income up to the date of death. See IRS guidance: IRS — Form 1041 and IRS — Form 1040.

Common questions and practical points

Can I get an EIN before the court appoints me?

Often you can apply for the EIN once you are designated in the will as the executor or you have reasonable documentation that you will serve. Many people wait until after the court issues Letters, but the IRS allows an EIN application when you are the executor or personal representative. Check the bank’s policy — some banks will accept an EIN application confirmation, while others insist on the court Letters first.

How long does the EIN process take?

If you apply online from the U.S., you get an EIN immediately. Mail or fax applications take longer.

What if the estate is very small?

Florida provides simplified procedures for small estates in many situations so you may be able to collect assets without full probate or an estate account. See Florida’s statutes on disposition without administration: Chapter 735. The bank may accept an affidavit or other documentation instead. Ask the probate clerk and the bank.

Helpful hints

  • Call the bank first. Different banks and different branches have different practices about what they accept.
  • Get multiple certified death certificates up front — banks, title companies, and other institutions will all ask for them.
  • Open the account as an estate account with the precise wording the bank requests. Put the personal representative’s name and title on the signature card.
  • Keep detailed records and receipts for all deposits and withdrawals. Maintain a dedicated ledger for the estate.
  • Keep estate funds separate from your personal or beneficiary accounts to avoid allegations of mismanagement.
  • If the estate will generate income, get the EIN right away so you can meet tax filing obligations (Form 1041) and avoid delays in reporting and withholding.
  • If you run into difficulty, contact the probate clerk at the circuit court where the decedent lived for process information or consult a probate attorney to protect you from personal liability.

Useful official links

Final checklist before you go to the bank

  1. Confirm whether probate or an estate account is necessary.
  2. Obtain court Letters or other proof of authority.
  3. Order multiple certified death certificates.
  4. Apply for the estate EIN (online for fastest processing).
  5. Bring the bank the EIN confirmation, court Letters, death certificate, your ID, and any other documents the bank requests.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. For legal advice about your specific situation, consult a licensed Florida probate attorney or contact the probate clerk in the county where the decedent lived.

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.