FAQ: Setting Up an Estate Bank Account Using the IRS EIN — Indiana
Disclaimer: This is educational information only and not legal advice. For help with a specific estate, consult a licensed Indiana probate attorney or the probate court in the county where the decedent lived.
Detailed Answer — Step‑by‑step under Indiana law
When someone dies, their assets that remain in their name often need to move into an estate account so the personal representative (the person appointed to administer the estate) can collect assets, pay debts, and distribute property to heirs. In Indiana, the typical steps are:
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Confirm who can act as personal representative.
If the decedent left a valid will, the will commonly names a personal representative (sometimes called an executor). If there is no will or the named person cannot serve, the probate court will appoint an administrator. The relevant probate law is in Indiana Code Title 29 (Probate). For an overview of Indiana probate law, see: Indiana Code, Title 29.
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Open a probate estate with the county probate court if required.
Most banks will want to see letters testamentary or letters of administration issued by the probate court before allowing an account in the estate’s name. To get those letters you typically file a petition with the probate court in the county where the decedent lived. The Indiana Courts provide probate resources and local clerk contacts here: Indiana Courts — Probate.
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Obtain the estate’s Employer Identification Number (EIN) from the IRS.
Once you are the appointed personal representative, you request an EIN for the estate from the IRS. The estate is treated as a separate taxpayer for banking and tax reporting purposes. Apply online or by submitting IRS Form SS‑4. The IRS guides and the SS‑4 form are here: Apply for an EIN (IRS) and Form SS‑4 (IRS).
On the SS‑4 you will list the estate name (for example, “Estate of John Doe, Deceased”), and the responsible party is normally the personal representative (their SSN or ITIN is required on some methods of application). If you have questions about which filing method to use, follow IRS instructions or consult a tax advisor.
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Gather documents banks normally require.
When you approach a bank to open the estate account, bring the following (banks may vary):
- Letters testamentary or letters of administration issued by the probate court;
- Certified copy of the death certificate;
- Their EIN for the estate;
- Personal identification for the personal representative (driver’s license, passport);
- Original will (if one exists) or a certified copy if the bank requests to review it.
Some banks will permit limited access to funds for funeral bills and immediate expenses before probate, but many will require the court’s letters first.
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Open the estate bank account in the estate’s name.
Ask the bank to title the account to the estate using the estate name and EIN (for example, “Estate of Jane Smith, John Smith, Personal Representative, EIN XX‑XXXXXXX”). Keep estate funds separate from your personal funds. Use the estate account to collect assets, pay valid debts, and pay estate expenses. Maintain clear records and receipts for every transaction.
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Follow Indiana probate procedures while administering the estate.
As personal representative you must follow Indiana probate rules: file inventories within required time frames, notify heirs and creditors as required, pay valid debts and taxes, and eventually seek court approval for distributions (if the estate requires it). See Indiana Code Title 29 for fiduciary duties and procedure: Indiana Code, Title 29.
Typical timeline: applying for and receiving an EIN can take minutes (online) to several weeks (mail/fax). Probate appointment timelines vary by county and estate complexity.
If the decedent’s assets are titled jointly or have payable‑on‑death/transfer‑on‑death designations, those assets may pass outside probate and generally do not need to be deposited into the estate account. Confirm titles before moving funds.
If the estate is small, Indiana may allow simplified procedures to transfer personal property without a full probate administration. Check the local probate court rules or consult an attorney to see if a simplified transfer procedure applies in your case.
Common Problems and How to Avoid Them
- Bank refuses to open account — verify you have certified letters from the probate court and the estate EIN; call a bank manager to explain the documents you will provide.
- Delay in obtaining EIN — apply online (fastest) if you are eligible and have the personal representative’s SSN or ITIN available.
- Mixing funds — never place estate money in your personal account. Keep separate records for every estate transaction.
- Unclear title or jointly held assets — review account titles and beneficiary designations before trying to deposit or move funds.
Helpful Hints
- Start by contacting the county probate clerk where the decedent lived. They will tell you which documents the court requires and provide local forms and filing fees.
- Obtain multiple certified death certificates early; banks and government agencies commonly require originals or certified copies.
- Apply for the estate EIN after you receive official appointment as personal representative. The IRS online application is fastest when you have the responsible party’s SSN: IRS EIN application.
- Call your bank before visiting. Ask a checklist of required documents and whether the bank has a specific form for estate accounts.
- Keep meticulous accounting: a simple spreadsheet of deposits, checks, transfers, and receipts helps when you must file inventories or accountings with the probate court.
- If creditors or disputes arise, or if estate assets are complex (real estate, businesses, large investment accounts), consult a probate attorney licensed in Indiana.
- Review Indiana probate statutes and resources: Indiana Code, Title 29 (Probate), and general probate guidance at Indiana Courts — Probate.