Probate Q&A Series

How do I obtain an estate EIN and open a dedicated estate bank account in North Carolina probate?

Detailed Answer

When you administer an estate in North Carolina, you must treat the estate as a separate financial entity. Two essential steps are obtaining an Employer Identification Number (EIN) for the estate and opening a dedicated bank account. These steps help you meet federal tax requirements and avoid mixing personal funds with estate assets.

1. Obtaining an Estate EIN

An EIN is like a Social Security number for the estate. You need it to file estate income tax returns (IRS Form 1041) and to handle other financial matters. Here’s how to get one:

  • Prepare basic information about the estate, including the decedent’s full name, date of death, and the county where probate is filed.
  • Identify the personal representative (the person appointed by the court to manage the estate).
  • Visit the IRS online EIN application portal at irs.gov. The online system is the fastest method and issues the EIN immediately.
  • If you prefer, complete IRS Form SS-4 and submit it by mail or fax. Instructions and addresses appear on the first page of Form SS-4.
  • Record the EIN securely. You will need it when you open the bank account and when preparing tax filings.

2. Opening a Dedicated Estate Bank Account

North Carolina law requires you to keep estate funds separate from your own. This protects you and the beneficiaries by creating clear financial records. You do this by opening a bank account in the estate’s name.

Under your statutory powers as personal representative, you may deposit and withdraw estate funds in a bank or savings institution. See N.C. Gen. Stat. § 28A-13-2(12).

To open the account, bring the following to your bank:

  • The estate’s EIN.
  • A certified copy of your Letters Testamentary or Letters of Administration from the clerk of superior court.
  • Your personal identification (driver’s license or passport).

The bank will typically title the account: Estate of [Decedent’s Name], by [Your Name], Personal Representative. Use this account for all estate income, sales proceeds, expenses, funeral costs and taxes. Never deposit personal funds or write personal checks from this account.

3. Recordkeeping and Reporting

Maintain detailed records of every transaction. Keep bank statements, deposit slips and cancelled checks. These records support your accounting to the court and to beneficiaries. When tax season arrives, you will use the estate’s EIN to file Form 1041 and issue any necessary Schedule K-1s to beneficiaries.

Key Steps at a Glance

  • Gather the decedent’s death certificate, court appointment paperwork and personal representative information.
  • Apply for the estate EIN online at the IRS website or via Form SS-4.
  • Obtain a certified copy of Letters Testamentary or Letters of Administration.
  • Visit a bank with the EIN, certified letters and your ID.
  • Name the account in the estate’s name and deposit all estate funds there.
  • Track every deposit and expense to keep clear records for the court and beneficiaries.

Contact Pierce Law Group

Properly obtaining an EIN and opening a dedicated estate account ensures you fulfill your duties and protect estate assets. Our attorneys at Pierce Law Group guide personal representatives through each step of North Carolina probate. If you need help, email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.