Short Answer

In North Carolina, you should not use a Social Security number to open an estate account; banks typically require the estate’s EIN. While you wait, safeguard estate funds (do not commingle with personal funds), document all receipts, and promptly ask the Clerk of Superior Court for more time to file the 90-day inventory if needed. Open the account as soon as the EIN arrives using your Letters of Administration and EIN confirmation.

Understanding the Problem

You’re the North Carolina court-appointed administrator and you need to open an estate bank account before the IRS issues the estate EIN. The clerk expects you to keep estate money separate, file a timely inventory, and report transactions, but your bank will not open the account without an EIN. You want to stay compliant and avoid being blamed for delays.

Apply the Law

Under North Carolina probate rules, a personal representative must keep estate money separate, maintain clear records, and file required reports with the Clerk of Superior Court. An inventory is due within three months of qualification unless the clerk grants more time for good cause. Annual or final accounts follow. Banks control their own account-opening policies; state law doesn’t force a bank to accept a Social Security number for an estate account.

Key Requirements

• Qualification and Letters: Have certified Letters of Administration to prove your authority to the bank and to the clerk.
• Separate estate funds: Keep estate money segregated; do not deposit to personal or other estates’ accounts.
• 90-day inventory (or extension): File the inventory within three months of qualification or request an extension before the deadline for good cause (such as an EIN delay).
• Accurate recordkeeping: Track every receipt and disbursement with dates, amounts, sources, and purpose; keep vouchers for expenses.
• Follow-on accounting: If the estate stays open beyond a year, file an annual account; otherwise file a final account when ready.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-20-1 (Inventory due in three months) – Inventory of estate property must be filed within three months after qualification.
• North Carolina Gen. Stat. § 28A-20-2 (Extensions and enforcement) – Clerk may extend time for good cause and can compel filing or enforce compliance.
• North Carolina Gen. Stat. § 28A-21-1 (Annual account) – If the estate remains open, an annual account is required based on the fiscal year selected.
• North Carolina Gen. Stat. § 28A-13-10 (Fiduciary duties) – Personal representatives must act prudently and avoid commingling estate property.

Analysis

Apply the Rule to the Facts: Because the bank will not open an account without the EIN, you still must keep funds separate and documented while waiting. If the EIN delay threatens the 90-day inventory deadline, ask the clerk in writing for an extension before it expires, citing the pending EIN. Once the EIN arrives, open the account with your Letters and EIN confirmation, deposit any checks received, and complete the inventory using accurate balances.

Process & Timing

1. Who files: Administrator. Where: Clerk of Superior Court in the county where the estate is administered. What: File a written request for an extension of time to file the “Inventory for Decedent’s Estate” (AOC‑E‑505) if the EIN delay would cause you to miss the 90‑day deadline. When: Request the extension before the three‑month deadline under § 28A‑20‑1.
2. As soon as the IRS issues the EIN, take your Letters of Administration and EIN confirmation to the bank to open the estate checking account. Many banks also ask for a completed IRS Form W‑9.
3. Deposit all estate funds into the new account, keep detailed records and vouchers, and file the AOC‑E‑505 inventory. If the estate remains open beyond a year, file an annual account (AOC‑E‑506) by the 15th day of the fourth month after your selected fiscal year ends.

Exceptions & Pitfalls

• Do not deposit estate funds into your personal account or another estate’s account; commingling risks removal and personal liability.
• If large checks arrive before the EIN, ask issuers to hold or reissue to “Estate of [Name]” once the account is open; secure undeposited checks and log them.
• Managing two estates? Keep each estate’s funds, records, and filings completely separate.
• Missing the 90‑day inventory deadline without an extension can trigger clerk enforcement; request more time in writing as soon as a delay becomes clear.

Talk to a Probate Attorney

If you’re dealing with an EIN delay that’s preventing you from opening an estate bank account, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.