Georgia: How to Open an Estate Bank Account Using an IRS EIN | Georgia Probate | FastCounsel
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Georgia: How to Open an Estate Bank Account Using an IRS EIN

August 12, 2025 6 min read

Detailed answer

Short answer: In Georgia, a personal representative (executor or administrator) who has been issued probate authority by the probate court can obtain an IRS Employer Identification Number (EIN) for the decedent’s estate and use that EIN, together with the probate court’s letters and a certified copy of the death certificate, to open an estate bank account. If the estate is small, you may be able to collect assets without formal administration; otherwise you typically must open an estate account to receive estate funds, pay bills, file tax returns, and distribute assets to heirs.

Who may open an estate account in Georgia?

The person legally authorized to represent the estate — usually the personal representative named in the will (executor) or a court-appointed administrator — must open the account. Banks typically require the personal representative to present the court-issued Letters Testamentary or Letters of Administration, a certified copy of the death certificate, government ID, and the estate’s EIN.

Step-by-step process

  1. Determine whether probate is required. Identify whether the decedent left a will and whether the estate requires formal probate. Small estates may be handled with simplified procedures in Georgia; larger or more complex estates usually require opening probate in the probate court in the county where the decedent lived. For general probate information in Georgia, see the Georgia Courts probate page: https://georgiacourts.gov/probate/.
  2. Get appointed by the probate court. If probate is needed, file the necessary petition with the local probate court. Once the court appoints you, it will issue letters (letters testamentary or letters of administration) that prove your authority to act for the estate. These letters are the bank’s primary proof that you may handle estate financial matters.
  3. Obtain a certified copy of the death certificate. Banks will usually want a certified (official) death certificate, not just an informational copy.
  4. Apply for an EIN from the IRS for the estate. The personal representative applies for an EIN (not a Social Security number) for the estate. You can apply online (recommended) or by mail/fax using IRS Form SS-4. Instructions and online application are at the IRS EIN page: https://www.irs.gov/businesses/small-businesses-self-employed/employer-id-numbers-eins. For Form SS-4 details: https://www.irs.gov/forms-pubs/about-form-ss-4.
  5. Bring documents to the bank and open the account. Provide the bank: (a) certified death certificate; (b) certified copy of the letters from the probate court; (c) the estate EIN; and (d) your government-issued ID. Ask the bank to list the account as an “Estate of [Decedent], by [Personal Representative], [EIN]” or the bank’s preferred estate-account naming convention. Keep all estate funds separate from your personal accounts.
  6. Use the estate account for estate business only. Deposit estate receipts (sale proceeds, final paychecks, refunds), pay estate liabilities and taxes, and make distributions pursuant to the will or Georgia law after probate closing. Prepare and file any required federal estate or income tax returns (for example, Form 1041 for estate income tax when applicable: https://www.irs.gov/forms-pubs/about-form-1041).

Practical details banks ask for

  • Certified Letters of Administration or Letters Testamentary from the Georgia probate court.
  • Certified death certificate.
  • Estate EIN (not the decedent’s Social Security number).
  • Personal identification for the personal representative.
  • Statement of the account’s purpose (collect/check estate income, pay creditors, distribute to beneficiaries).

Tax considerations

Obtain the EIN because the estate may need to file federal income tax returns (Form 1041) if the estate generates income after death. Federal estate tax returns (Form 706) only apply when the gross estate exceeds the federal exemption threshold; Georgia does not have a separate state estate tax. See IRS guidance on Form 706: https://www.irs.gov/forms-pubs/about-form-706. Always confirm filing thresholds and deadlines with the IRS or a tax attorney/accountant.

Small estate options

Georgia has streamlined procedures for smaller estates and procedures for transfer of certain assets without formal administration. If the estate qualifies, you might be able to collect assets using affidavits or transfer forms rather than opening full probate and an estate account. Check with the county probate court or local probate rules to see if you qualify and to learn the exact requirements. General probate resources are available at the Georgia Courts probate page: https://georgiacourts.gov/probate/.

Common problems and how to avoid them

  • Bank refuses the account: confirm the bank accepts court letters; some banks have internal requirements—call ahead.
  • Using the decedent’s SSN: banks will often not accept the decedent’s SSN; use the estate EIN for any estate accounts and tax reporting.
  • Mixing funds: never mix estate funds with your personal funds; keep separate accounting and bank records.
  • Delayed appointment: if you need to secure funds immediately for funeral or urgent bills, ask the probate court about temporary authority or small estate procedures.

Hypothetical example (concise)

Mary is appointed executor by the Fulton County Probate Court. She obtains certified letters, requests an EIN for “Estate of John Doe” using the IRS online EIN application, and receives the EIN immediately. Mary presents the letters, death certificate, EIN, and ID to her bank. The bank opens “Estate of John Doe, by Mary Doe, Executor, EIN XX-XXXXXXX.” Mary deposits a final paycheck and a life insurance check payable to the estate, pays outstanding funeral bills, files any necessary estate tax or income tax returns, and ultimately distributes the remainder to beneficiaries as the will directs.

Relevant Georgia legal authorities and federal resources

Helpful hints

  • Call the probate court clerk before filing to confirm local forms, fees, and timelines.
  • Call banks in advance to ask exactly which documents they require to open an estate account; requirements vary by institution.
  • Apply for the estate EIN online — you usually get it immediately when the applicant is in the U.S.
  • Keep detailed, dated accounting of all receipts and disbursements from the estate account; courts may require an accounting when closing the estate.
  • Don’t distribute assets until all known debts and taxes are addressed or until the court approves final distribution.
  • If the estate is simple or small, ask the probate court whether simplified collection procedures apply before starting full probate.
  • Consider consulting an attorney if the estate is large, has unusual assets, involves disputes, or if you face creditor claims or tax complexity.

Disclaimer: This article explains general Georgia procedures and federal tax resources. It is for informational purposes only and is not legal advice. For advice about your specific situation, contact a licensed Georgia probate attorney or the probate court 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.