How to open an estate bank account using an IRS EIN in Kansas
Detailed answer — step-by-step guide
This guide explains how a personal representative (executor or administrator) in Kansas can open a bank account for a deceased parent’s estate using an IRS Employer Identification Number (EIN). This is written for someone with no legal background. It covers the practical steps, what Kansas probate law generally requires, and related tax issues. This is educational information only and not legal advice.
1. Confirm you are the person authorized to manage the estate
To open an estate bank account you generally must be the court-appointed personal representative (sometimes called executor if there was a will). In Kansas, appointment and authority to act come from the probate court under the Kansas Probate Code (K.S.A. Chapter 59). See the Kansas statutes for probate administration: Kansas Statutes Chapter 59 (Probate).
2. Obtain Letters Testamentary or Letters of Administration
Take to the bank a certified copy of the document issued by the county probate court that proves your authority. Banks usually require either:
- Letters Testamentary (if there is a will and you were named executor), or
- Letters of Administration (if there is no will and the court appointed you).
These are issued by the Kansas probate court after a petition for probate and appointment. If the estate qualifies for informal or small estate procedures, the paperwork may differ — see the local probate court or county clerk.
3. Get an EIN for the estate from the IRS
An estate must use an EIN (not the decedent’s Social Security number) for bank accounts and estate tax or income tax filings once the estate is opened. The IRS explains how to apply for an EIN online and by mail, fax, or phone. The fastest way is the IRS online EIN application: Apply for an EIN (IRS). After you apply, the IRS issues a CP 575 letter confirming the EIN; keep that for the bank.
4. Gather the documents the bank will want
Most banks require the following before they will open an estate account:
- Certified copy of the death certificate.
- Certified copy of the Letters Testamentary or Letters of Administration from the probate court.
- IRS EIN confirmation letter (CP 575) or the EIN number you were issued.
- Personal identification for the personal representative (government ID).
- Bank account opening forms and signature cards signed by the personal representative.
Call the bank ahead of time. Some banks have specific estate-account forms or require an in-person visit by the personal representative.
5. Decide the type of estate account and deposit the estate funds
Common estate accounts include an interest-bearing estate checking account or a trust/estate savings/temporary account. Use the account only for estate assets and expenses (not personal expenses). Keep detailed records of deposits, withdrawals, and expenses — these are necessary for probate accounting and tax filings.
6. Tax and record-keeping considerations
- Federal income tax: Estates that receive income may need to file Form 1041 (U.S. Income Tax Return for Estates and Trusts) if the estate has gross income of $600 or more in a tax year. Use the estate EIN for Form 1041. See the IRS estate guidance: IRS — Estate Tax and Guidance.
- Final individual tax return: The decedent’s final Form 1040 (or 1040-SR) is filed using the decedent’s SSN for the portion of the year before death.
- State taxes: Check Kansas Department of Revenue rules for any state tax filings required for the estate.
- Record keeping: Keep receipts and maintain an accounting of all estate transactions because the probate court may require an accounting before distribution.
7. Small estate alternatives
Kansas may allow simplified transfer procedures for small estates that avoid full probate. These alternatives vary by value and local practice. If the estate qualifies for a small estate procedure, a bank may accept a small estate affidavit or a court order instead of full Letters. Contact the county probate court or refer to local court forms to confirm the threshold and required documents.
8. Practical tips for working with banks
- Contact multiple banks to compare policies and fees; banks differ on whether they will open an estate account and what documentation they require.
- Bring certified court-issued copies of letters (not photocopies) and multiple copies of the death certificate.
- If you have account statements in the decedent’s name only, banks may require you to transfer funds into the estate account before writing checks for estate expenses.
- Keep estate funds separate from your personal funds; commingling can create legal and tax problems.
Relevant Kansas law and resources
General probate authority and procedures in Kansas are in the Kansas Probate Code (K.S.A. Chapter 59): K.S.A. Chapter 59 — Probate. For practical local procedures and forms, contact the county probate court where the decedent lived or visit the Kansas Judicial Branch: Kansas Judicial Branch.
When to get legal help
If the estate is complex, there are disputes among heirs, or you are unsure whether the court must be involved, speak with a probate attorney licensed in Kansas. An attorney can help you file probate paperwork, obtain Letters, and complete the estate accounting required by the court.
Disclaimer
This article is for educational purposes only and does not provide legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Kansas attorney or contact the probate court in the county where the decedent lived.
Helpful Hints
- Call the probate clerk in the county where your parent lived to confirm the exact documents you need to request Letters; clerk contact info is on the Kansas Judicial Branch website.
- Apply for the estate EIN as soon as the court appoints you. The EIN avoids using the decedent’s SSN on estate banking and tax filings.
- Ask the bank which specific forms they require for an estate account and whether they accept digital copies of the EIN confirmation.
- Keep a log of every check you write and every deposit to the estate account; you will need this for probate accounting and tax returns.
- If the estate is very small, ask the probate court about small estate procedures before opening a formal estate account — this might save time and fees.
- Retain copies of all filings you submit to the court and all correspondence with the IRS and banks.