Probate Q&A Series

Can a financial institution require my social security number as personal representative or is there another way to verify identity? – North Carolina

Short Answer

Yes, a bank or brokerage can ask for your Social Security number to verify you as the individual signing for the estate. But the estate itself should use its own Employer Identification Number (EIN) for all accounts and tax reporting. In North Carolina, open or retitle any estate account in the estate’s name with the estate EIN, provide your Letters and a government ID, and sign in your fiduciary capacity to avoid personal tax reporting or liability.

Understanding the Problem

You are the North Carolina personal representative and need a brokerage to release an estate account. The firm says it will not proceed without your Social Security number. You want to know if you must provide it, whether there’s a safer alternative, and how to avoid personal tax exposure or liability while you also value and sell the estate’s personal property and distribute proceeds to heirs.

Apply the Law

Under North Carolina law, a personal representative must gather estate assets, keep them separate, and administer them prudently. Financial institutions often verify the individual fiduciary’s identity (which can include requesting your SSN), but the estate is a separate taxpayer and should use an estate EIN for all estate accounts and Forms W‑9. The Clerk of Superior Court oversees the estate file, and you must file an inventory within three months of qualification. You may sell personal property without a court order and handle securities held by brokers once accounts are re-registered to the estate.

Key Requirements

  • Use the estate’s EIN: Obtain an EIN and give the brokerage a W‑9 listing the estate so income reports to the estate, not to you personally.
  • Title and sign correctly: Open/retitle accounts in the estate’s name and sign “as Personal Representative,” not in your individual name.
  • Provide Letters and ID: Show certified Letters and government ID; brokerages may also require an affidavit of domicile or medallion guarantee to transfer “street name” securities.
  • Inventory on time: File the 90‑day inventory with the Clerk of Superior Court listing date‑of‑death values for cash, securities (by shares and value), and personal property.
  • Authority to sell personalty: You may sell tools, electronics, and furniture without a court order, then deposit proceeds into the estate account for claims and distribution.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The brokerage can ask for your SSN to verify you as the authorized signer, but it should title the account to the estate and report income to the estate’s EIN. Give the firm certified Letters, your ID, and a W‑9 for the estate with its EIN. Re-register the brokerage account to the estate before trading or liquidation. Value the securities and personal property as of the date of death for your 90‑day inventory, sell personal items as needed, and deposit proceeds into the estate account for claims and distribution.

Process & Timing

  1. Who files: Personal representative. Where: IRS (to obtain the estate EIN), the brokerage/transfer agent (to re-register or liquidate), and the Clerk of Superior Court (for the inventory). What: IRS Form SS‑4 (EIN), a W‑9 listing the estate and EIN, certified Letters, government ID, and any broker-required affidavit of domicile or medallion guarantee. When: Obtain the EIN and contact the brokerage shortly after qualification; file the inventory within three months of qualification.
  2. Brokerage re-registration: Deliver Letters, estate W‑9 (with EIN), and required forms. Processing times vary by institution; follow up until the account reflects the estate as owner.
  3. Final step: After liquidation and payment of claims, file required accounts with the Clerk and distribute net proceeds to heirs or devisees per the will or intestacy.

Exceptions & Pitfalls

  • Using your SSN on estate accounts can misreport income to you personally; insist the W‑9 lists the estate name and EIN.
  • Do not title accounts in your individual name or commingle funds; always use the estate account.
  • Broker requirements vary; ask for a supervisor if staff insist on reporting under your SSN instead of the estate EIN.
  • Household furnishings may have special timing considerations if a surviving spouse is involved; confirm before selling.
  • Keep detailed receipts and broker statements; you must support the inventory and accountings with date‑of‑death values and transaction records.

Conclusion

In North Carolina, financial institutions may request your SSN to verify you as the personal representative, but the estate’s accounts and tax reporting should use the estate’s EIN. Title all accounts to the estate, sign in your fiduciary capacity, and keep assets segregated. Re-register the brokerage account to the estate before liquidation, and file the inventory with the Clerk of Superior Court within three months of qualification. If needed, provide the estate W‑9 and escalate to ensure reporting matches the estate EIN.

Talk to a Probate Attorney

If you’re dealing with an institution demanding your SSN and you need to re-title, value, and distribute estate assets, 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.