Documents and information the bank will ask for
Most banks will ask for a court-issued document before they open an estate account. The specific document depends on your state and the size of the estate, but the most common is a Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). These letters prove the court has appointed you as executor or administrator and gives you legal authority to manage the estate's money.
Some banks will open an account with just a death certificate and your ID if the estate is very small or if you are a surviving spouse with joint account rights. Call the bank's estate services department before you visit — they can tell you exactly what they need and whether your situation qualifies for a faster route.
You will also need the deceased person's Social Security number, the original or certified death certificate, and a Tax ID for the estate itself. The Tax ID (called an EIN or Employer Identification Number) comes from the IRS and takes about 15 minutes to request online at irs.gov. Some banks can help you get this, but it is faster to do it yourself before you arrive.
Key Takeaways
- Most banks require Letters Testamentary or Letters of Administration from the probate court before opening an estate account, though some allow smaller estates to open with just a death certificate.
- You will need the deceased person's Social Security number, an original or certified death certificate, and an EIN (Tax ID) for the estate from the IRS.
- The probate court issues the letters that prove your authority to manage the estate, and this process takes weeks to months depending on your state and whether the will is contested.
- Some banks have dedicated estate services teams who can walk you through their specific requirements and may offer accounts designed for estates rather than personal accounts.
- If the estate is very small or you are a surviving spouse, you may be able to access funds without opening a separate account by using simplified probate or spousal access rules.
How to get Letters Testamentary or Letters of Administration
These letters come from the probate court in the county where the deceased person lived. You file a petition with the court, and the judge signs the letters once they confirm you are the correct person to manage the estate. The process is called probate, and the timeline varies widely — it can take 3 to 6 months in a straightforward case, or much longer if the will is contested or the estate is complicated.
You do not need a lawyer to file for these letters, though many people hire one because the paperwork is specific to each state. The court clerk's office can tell you what forms to file and in what order. Some counties now allow you to file online; others require you to appear in person or mail the documents.
Once the court issues the letters, you get certified copies. Bring these to the bank along with your ID and the other documents listed above. The bank will make copies for their records and keep one certified copy on file.
Opening the account itself
Estate accounts are usually set up as estate of [deceased person's name], and the bank will list you as the authorized representative, not as the account owner. This distinction matters for tax purposes and for the bank's records. The account number and routing number work like any other bank account, and you can deposit checks, transfer money, and pay bills from it.
Some banks offer accounts specifically designed for estates, with features like the ability to hold funds without a monthly minimum or with reduced fees. Ask whether the bank has an estate account product or whether they will open a regular checking or savings account under the estate's name. Either works, but an estate-specific account may have fewer restrictions.
You will need to provide the bank with a mailing address for the account statements. This is usually your address as the executor or administrator, not the deceased person's address. The bank will send monthly statements and tax documents (like 1099 forms) to this address.
The Tax ID (EIN) and why you need it
An EIN is a nine-digit number the IRS assigns to the estate so it can file its own tax return. You request it online at irs.gov/ein, and the IRS usually issues it immediately. You will need the deceased person's Social Security number and the date of death to request it.
Once you have the EIN, give it to the bank when you open the account. The bank uses it to report any interest the account earns and to ensure the estate, not you personally, is responsible for taxes on that income. If you do not get an EIN, the bank may ask you to use your own Social Security number, which can create confusion later when the estate files its tax return.
You will also need the EIN when you file the estate's income tax return (Form 1041) with the IRS, usually in the year after the person dies. The estate's tax return is separate from any personal tax return the deceased person may have owed.
What happens if there is no will or the will is being contested
If the deceased person left no will, the court appoints an administrator (instead of an executor) to manage the estate. The process is the same — you file a petition, the court issues Letters of Administration, and you use those to open the account. The main difference is that state law decides who inherits the money, rather than the will.
If the will is being contested, the court may still issue temporary letters that let you open an account and pay bills while the dispute is resolved. Talk to the probate court clerk about whether you can move forward with opening the account while the contest is pending. Some courts will, and some will not.
If the estate is very small (under $10,000 to $25,000, depending on your state), you may not need to go through probate at all. Some states have a simplified probate process or allow small estate affidavits that let you access the money without court letters. Ask the probate court clerk whether your estate qualifies.
If you are a surviving spouse
Surviving spouses often have faster access to the deceased person's accounts without opening a separate estate account. If the accounts were held jointly or had the spouse listed as a beneficiary, the bank may let you withdraw funds or transfer them to your own account using just the death certificate and your ID.
If the deceased person's will leaves everything to you, or if you are may have access to to inherit under state law, you may still be able to access some funds before probate is complete. This depends on your state and the bank's policy. Call the bank's estate services team and describe your situation — they can tell you whether you need to open an estate account or whether you can use a faster method.
Community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) have different rules for surviving spouses. In these states, you may have automatic rights to half the estate without going through probate. Check with the probate court in your state to understand your options.
What to bring to the bank
| Document or Information | Why the bank needs it |
|---|---|
| Letters Testamentary or Letters of Administration | Proves the court appointed you and you have legal authority to manage the estate |
| Original or certified death certificate | Confirms the person is deceased |
| Your government-issued ID | Confirms your identity as the executor or administrator |
| Deceased person's Social Security number | Used to identify the estate and verify the person's records |
| EIN (Tax ID) for the estate | Identifies the estate for tax purposes and bank reporting |
| Mailing address for statements | Where the bank sends monthly statements and tax documents |
Frequently Asked Questions
Can I open an estate account before probate is finished?
Some banks will open an account with temporary letters issued by the court while probate is ongoing. Others require the final Letters Testamentary or Letters of Administration. Call the bank's estate services department and ask whether they accept temporary letters, or whether you need to wait for the final court order.
Do I need a lawyer to open an estate account?
No. You can open the account yourself once you have the court letters and the other documents. However, you may need a lawyer to help you get the court letters in the first place, depending on your state and the complexity of the estate. The probate court clerk can tell you whether you can file the petition yourself.
What if the bank says they need something I do not have?
Ask the bank what specific document or information they are missing, and ask whether there is an alternative they will accept. Some banks are flexible; others have strict policies. If one bank will not work with you, try another bank — requirements vary. You can also ask the probate court clerk whether the bank's request is standard in your state.
Can I use the estate account to pay the deceased person's bills?
Yes. Once the account is open, you can pay funeral expenses, medical bills, taxes, and other debts owed by the estate. Keep records of all payments for the probate court and for the estate's tax return. Some bills may need to be paid before you open the account — ask creditors whether they will wait or whether you need to pay from your own money temporarily.
What happens to the estate account after probate is finished?
Once the court closes the estate, you distribute the remaining money to the heirs according to the will or state law. Then you close the estate account. The bank will ask for a court order closing the estate before they will let you close the account.