Probate Q&A Series

What documents do I need to open and maintain a separate probate bank account? – North Carolina

Short Answer

In North Carolina, an estate checking account requires your certified Letters of Administration, the estate’s federal EIN (not the decedent’s SSN), and your government ID; many banks also ask for a death certificate and a completed IRS Form W-9 showing the estate’s EIN. To maintain the account, keep funds strictly segregated, retain monthly statements and canceled checks as vouchers, and timely file the 90-day Inventory and annual/final Accounts with the Clerk of Superior Court.

Understanding the Problem

You are the North Carolina administrator and want to know what you must bring to open, and then keep, a separate estate bank account in good order. The bank is asking for an EIN, and one unclaimed-property notice tied to a post‑death corporation suggests you must inventory cash assets. One salient fact: you have already qualified and posted the required bond.

Apply the Law

Under North Carolina law, a personal representative must keep estate funds separate, use an estate‑titled account, and maintain records sufficient for the Clerk of Superior Court to audit. After qualification, you must file an Inventory within three months and, if the estate remains open beyond a year, annual accounts until you file the final account. The Clerk audits accounts and expects vouchers (for example, canceled checks and receipts) that match each disbursement.

Key Requirements

  • Authority to act: Bring certified Letters of Administration and a government ID; the Letters prove your legal authority to open and manage the estate account.
  • Estate tax ID (EIN): Obtain an EIN for the estate and provide the bank a completed IRS Form W‑9 showing that EIN; never use the decedent’s SSN.
  • Proper titling and segregation: Title the account “Estate of [Decedent], [Your Name], Administrator” and deposit only estate funds; do not commingle personal or business funds.
  • Recordkeeping and vouchers: Keep monthly statements, check images, invoices, and receipts; these support the Inventory and the annual/final Accounts the Clerk audits.
  • Timely filings: File the 90‑day Inventory, then annual accounts if the estate remains open beyond a year, and a final account when ready to close.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because you are already appointed and bonded, bring certified Letters of Administration and your ID to the bank. The bank’s EIN requirement is correct—apply for the estate’s EIN before opening and give the bank a W‑9 listing that EIN. Deposit only estate funds; if the unclaimed‑property relates to the decedent, deposit it and report it on the Inventory (or a supplemental filing). If funds belong to a separate corporation formed after death, keep them out of the estate account and in a separate corporate account with its own EIN.

Process & Timing

  1. Who files: Administrator. Where: IRS (to obtain EIN), your chosen bank in North Carolina (to open the account), and the Clerk of Superior Court (for estate filings). What: Certified Letters of Administration; government ID; estate EIN (IRS Form SS‑4 confirmation) and a completed IRS Form W‑9 for the EIN; many banks also ask for a certified death certificate. For court filings, use Inventory (AOC‑E‑505) and Accounts (AOC‑E‑506). When: Open the account immediately after qualification; file the Inventory within three months of qualification; file annual accounts if the estate remains open beyond one year; file a final account to close.
  2. Ask the bank to title the account “Estate of [Decedent], [Your Name], Administrator,” enable monthly statements, and provide check images. Deposit all estate receipts and pay estate expenses only from this account; keep every receipt, invoice, and canceled check as a voucher. Expect county‑level variations in bank documentation preferences.
  3. When claims are paid and distributions made, file the Final Account (AOC‑E‑506) with vouchers. After the Clerk audits and approves, the estate can be closed and your duties end.

Exceptions & Pitfalls

  • Banks may require Letters issued within the last 30–60 days; bring fresh certified copies if needed.
  • Never use the decedent’s SSN; always obtain and use the estate’s EIN to avoid tax reporting problems and account delays.
  • Do not commingle funds; depositing personal or corporate funds into the estate account can lead to surcharge and removal.
  • After‑discovered assets can require a bond increase and a supplemental inventory or reporting on your next account; monitor this as assets surface.
  • Missing the Inventory or account deadlines can trigger Clerk orders to file, contempt, or removal; request extensions in advance if needed.

Conclusion

To open and maintain a North Carolina probate bank account, bring certified Letters of Administration, your ID, and the estate’s EIN with a completed W‑9; many banks also request a death certificate. Title the account in the estate’s name, keep funds segregated, and retain statements and canceled checks as vouchers. Then meet your filings: submit the Inventory with the Clerk within three months, file annual accounts if needed, and close with a final account. If you have funds to deposit now, open the account promptly.

Talk to a Probate Attorney

If you need to open an estate bank account and keep it compliant with North Carolina’s inventory and accounting rules, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to discuss your next steps.

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.