Short Answer

No. In North Carolina, an estate is a separate taxpayer and needs its own Employer Identification Number (EIN). Do not use the decedent’s Social Security number or your personal EIN/SSN. Banks typically require the estate’s EIN to open an estate checking account, and the EIN should be used on all income-producing estate assets and on estate tax filings.

Understanding the Problem

In North Carolina probate, the administrator must determine what tax ID to use when handling estate funds. The question is: as the court-appointed administrator, can you use your personal EIN or the decedent’s SSN, or must you obtain a separate EIN to open the estate account and report estate income? One salient fact here is that the bank is requiring an EIN before it will open the estate’s checking account.

Apply the Law

Under North Carolina law, the personal representative (administrator or executor) manages estate property as a fiduciary. The estate is treated as a separate legal and tax entity for administration. Practically, you must open a separate estate bank account and use the estate’s own EIN for banking and tax reporting. You must also file an inventory within three months of qualification and keep clean records, which is hard to do if funds are commingled under a personal or decedent identifier.

Key Requirements

• Separate taxpayer: The estate needs its own EIN; do not use the decedent’s SSN or the administrator’s SSN/EIN.
• Segregated estate account: Open a dedicated estate checking account promptly after qualification; deposit estate receipts and pay estate expenses only from that account.
• Use EIN on assets and returns: Provide the estate EIN to banks/brokers for interest/dividends and use it on any fiduciary income tax returns.
• Inventory deadline: File the estate inventory with the Clerk of Superior Court within three months of qualification; supplement it if new assets are found.
• Fiduciary recordkeeping: Maintain receipts, statements, and disbursement records to support required annual/final accounts if the estate remains open beyond one year.

What the Statutes Say

• N.C. Gen. Stat. § 28A-13-3 (Powers and duties of personal representative) – Confirms the administrator’s authority and fiduciary duties to collect, manage, and account for estate assets.
• N.C. Gen. Stat. § 28A-20-1 (Inventory within three months) – Requires filing a just, true, and perfect inventory with values as of the date of death.
• N.C. Gen. Stat. § 28A-21-1 (Annual accounts) – If the estate stays open beyond one year, the account is due by the 15th day of the fourth month after the estate’s fiscal year end.
• N.C. Gen. Stat. § 28A-15-2 (Title to personal property; relation back) – Estate personal property vests in the personal representative for administration.

Analysis

Apply the Rule to the Facts: Because the estate is a separate taxpayer, you cannot use your own EIN or the decedent’s SSN; obtain an estate EIN and provide it to the bank to open the estate account. The unclaimed property notices tied to a corporation formed after death must be evaluated and, if the estate owns an interest, listed on the inventory (and supplemented if discovered after filing). With entangled personal and business funds, promptly segregate all receipts into the estate account and begin tracing; hidden forms located in the court file should be retrieved and used to correct the inventory and records.

Process & Timing

1. Who files: Administrator. Where: IRS for the EIN; your bank; Clerk of Superior Court in the county of domicile. What: Apply for an EIN (IRS Form SS-4 or online), open the estate checking account, and prepare the INVENTORY FOR DECEDENT’S ESTATE (AOC-E-505). When: Open the estate account immediately after qualification; file the inventory within 3 months of qualification.
2. Provide the estate EIN to any bank/broker so interest/dividends are reported under the estate. Expect banks to require Letters of Administration and the estate EIN before opening the account; timelines can vary by county and institution.
3. If new assets are found (for example, from unclaimed property notices), file a supplemental inventory and continue keeping records for annual or final accounts; if the estate remains open past one year, file an annual account by the 15th day of the fourth month after the selected fiscal year end.

Exceptions & Pitfalls

• Do not use the decedent’s SSN or your personal SSN/EIN for estate banking or reporting; doing so risks bank refusal, IRS mismatch, and accounting problems.
• No commingling: deposit estate receipts into the estate account and pay estate expenses from that account only; keep complete statements, receipts, and check copies.
• Business interests: a corporation has its own legal identity and must use its own EIN; the estate lists and manages its ownership interest (e.g., shares), not the corporation’s operating accounts.
• Late or incomplete inventory: the Clerk can issue notices to file, set show-cause hearings, and, in serious cases, remove a personal representative or hold them in contempt.
• If you uncover documents in the court file that affect assets or ownership, obtain copies and promptly amend or supplement the inventory to match the record.

Talk to a Probate Attorney

If you’re handling an estate and need to set up the proper tax ID and account structure, our firm can help you understand your options and timelines. Call us today.

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.