Probate Q&A Series

How do I set up an estate bank account and obtain an EIN for probate administration? – North Carolina

Short Answer

In North Carolina, qualify with the Clerk of Superior Court and obtain your Letters before doing anything. Then apply for a federal Employer Identification Number (EIN) for the estate and use your Letters and EIN to open a separate estate checking account. Deposit all estate funds into that account, publish and mail notice to creditors, and file the inventory on time; do not use the decedent’s Social Security number or distribute assets until the creditor claim window closes.

Understanding the Problem

In North Carolina, how do I, as the administrator CTA, get an EIN and open a separate estate bank account so I can collect funds, pay bills, and complete probate tasks? One key fact here is that the estate holds only bank accounts. You’re on the right track: you’ll use your Letters to open the account and the SS‑4 to obtain an EIN; then you’ll manage receipts and payments through the estate account while meeting probate deadlines.

Apply the Law

After you qualify, you have authority to collect estate assets, open accounts in the estate’s name, and pay valid claims and expenses. An estate is a separate taxpayer, so it needs its own EIN; do not use the decedent’s Social Security number. You administer through the Clerk of Superior Court in the county of venue, publish and mail notice to creditors promptly after qualification, and file the inventory within three months of qualification. Keep all estate money in a dedicated estate account and maintain detailed records for accountings.

Key Requirements

  • Qualify and obtain Letters: Get appointed by the Clerk of Superior Court and receive Letters (administrator CTA) before handling funds.
  • Get the estate’s EIN: Apply for an EIN using IRS Form SS‑4; the estate is a separate taxpayer and must not use the decedent’s SSN.
  • Open a dedicated estate account: Use your Letters and the EIN to open a checking account titled to the estate; deposit all estate funds and make all payments from this account.
  • Notice to creditors: Publish notice and mail notice to known or reasonably ascertainable creditors; allow at least 90 days for claims.
  • Inventory deadline: File the inventory and appraisement with the Clerk within three months of qualification.

What the Statutes Say

Analysis

Apply the Rule to the Facts: As administrator CTA, you may use your Letters to close the decedent’s accounts and retitle funds into a new estate checking account that uses the estate’s EIN. Because this estate holds only bank accounts, the estate account becomes your central hub for depositing funds and paying claims. Publish and mail creditor notices, wait out the 90‑day claims window, and file the inventory within three months. Since distributions go to a testamentary trust with age thresholds, fund the trust after debts and expenses are handled; the trust will typically need its own EIN and account when funded.

Process & Timing

  1. Who files: The personal representative (administrator CTA). Where: EIN from the IRS; banking at your chosen financial institution; filings with the Clerk of Superior Court in the county of venue. What: IRS Form SS‑4 (EIN), your Letters, and government‑issued ID to open the account; AOC‑E‑307 (Affidavit of Notice to Creditors); AOC‑E‑505 (Inventory). When: Apply for the EIN and open the estate account immediately after qualification; file the inventory within three months of qualification.
  2. Publish the creditor notice promptly after qualification and mail notice to known creditors. Maintain all receipts and disbursements through the estate account during the at least 90‑day claims window, then pay allowed claims and expenses.
  3. After the claim period and payments, transfer remaining funds to the testamentary trust per the will. Open a separate trust account (with a trust EIN) if you are also the trustee. File required accountings with the Clerk as directed.

Exceptions & Pitfalls

  • Do not use the decedent’s Social Security number. Always obtain and use the estate’s EIN.
  • Avoid commingling. Never mix estate funds with personal or trust funds; use a dedicated estate account.
  • Do not distribute early. Distributing before the creditor claim window closes can expose you to personal liability.
  • Mail notice to known or reasonably ascertainable creditors, including state agencies when applicable; missed notice can extend claim exposure.
  • Many banks and transfer agents require certified Letters dated within a recent window (often 60 days). Bring current certified copies.
  • When funding a testamentary trust, open a separate trust account with its own EIN; do not hold trust funds in the estate account.

Conclusion

In North Carolina, qualify first and get your Letters. Then obtain an EIN for the estate and open a separate estate checking account using your Letters and EIN. Deposit all estate funds there, publish and mail creditor notices, and file the inventory within three months. Wait out the at least 90‑day claim period before paying claims and funding the testamentary trust. Next step: apply for the EIN and open the estate account, then calendar the inventory deadline with the Clerk.

Talk to a Probate Attorney

If you’re dealing with opening an estate account and securing an EIN while meeting North Carolina probate deadlines, 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.