Setting Up an Estate Bank Account in Nebraska Using an IRS EIN

Quick disclaimer: This article is for general information only and is not legal advice. Laws change and every case is different. Consult a licensed Nebraska attorney or your probate court if you need legal advice about your specific situation.

Detailed answer — step-by-step under Nebraska law

When a parent dies, you usually need a separate estate bank account to collect the decedent’s assets, pay bills and taxes, and distribute property to beneficiaries. In Nebraska, the common steps are:

1. Identify whether you need probate or a small-estate process.

   If assets pass directly to a named beneficiary (payable-on-death accounts, joint accounts with right of survivorship, assets with beneficiary designations, or property held in trust), you may not need to open an estate account for those assets. If the decedent owned property solely in their name, the probate court typically appoints a personal representative (executor or administrator) to handle the estate. The Nebraska Judicial Branch explains probate basics and how to begin administration: https://supremecourt.nebraska.gov/probate.

2. Get authority from the probate court (if required).

   Most banks require official court-issued documents before treating you as the estate’s representative. That generally means you must file for appointment of a personal representative and obtain Letters Testamentary or Letters of Administration from the county probate court. The Nebraska probate process is governed by the Nebraska Probate Code (Title 30). For procedural information and forms, see the Nebraska Judicial Branch probate page: https://supremecourt.nebraska.gov/probate.

3. Obtain a certified death certificate.

   Banks will require one or more certified copies of the death certificate. Your funeral home or the county health department can usually provide certified copies.

4. Obtain an Employer Identification Number (EIN) for the estate from the IRS.

   An estate is a separate tax entity after death. The IRS instructs personal representatives to obtain an estate EIN rather than use the decedent’s Social Security number for estate bank accounts, income tax filings, and payroll for estate employees. You can apply online (if you are eligible), by fax, or by mail using Form SS‑4. See the IRS guidance on estates and trusts and how to apply for an EIN: https://www.irs.gov/businesses/small-businesses-self-employed/estates-and-trusts and https://www.irs.gov/forms-pubs/about-form-ss-4.

5. Prepare the documents the bank will require to open the estate account.

   Although exact requirements vary by institution, banks commonly ask for:

   • Letters Testamentary or Letters of Administration (court document showing your authority)
   • Certified death certificate
   • The estate’s EIN (from the IRS)
   • Your government-issued photo ID
   • Copy of the will (if there is one)
   • A court order if the will is contested or special instructions apply

   Call the bank first to confirm its checklist. Some banks provide a specific estate-account packet or checklist for fiduciary accounts.

6. Open the account in the estate’s name.

   The account title should clearly show it is an estate account and include the decedent’s name and your title (for example: “Estate of Jane Doe, by John Doe, Personal Representative”). Use the estate EIN as the tax ID on account paperwork. Deposit estate assets (checks made payable to the decedent or the estate) into the estate account, and pay estate expenses from that account.

7. Use the account only for estate business and keep records.

   Maintain separate accounting for all deposits and disbursements. Keep receipts, bank statements, and invoices. Personal Representative duties include safeguarding estate assets and providing accountings to beneficiaries and the court when required.

8. Complete tax and estate closing tasks.

   File any necessary federal and Nebraska tax returns for the decedent and the estate. Use the estate EIN for estate income and payroll filings. When estate administration is complete, the remaining funds are distributed to beneficiaries as the will or Nebraska intestacy law directs, and the estate account is closed.

Links to official resources

• Nebraska Judicial Branch — Probate information and local probate court contacts: https://supremecourt.nebraska.gov/probate
• Nebraska Legislature — access to Nebraska statutes and the Nebraska Probate Code (Title 30): https://nebraskalegislature.gov/laws/statutes.php
• IRS — Estates & Trusts overview: https://www.irs.gov/businesses/small-businesses-self-employed/estates-and-trusts
• IRS — Apply for an EIN online / Form SS-4: https://www.irs.gov/forms-pubs/about-form-ss-4

Common practical issues and how Nebraska law affects them

• Small estate exceptions: Nebraska provides simplified procedures in some low-value estates or for certain types of property. If the estate qualifies for a small estate procedure, you may avoid full probate and may not need a formal estate account—still check bank requirements and consult court guidance: Nebraska Judicial Branch Probate.
• Joint accounts and POD designations: Assets titled jointly with rights of survivorship or with payable-on-death beneficiaries pass outside probate. Those funds usually do not belong to the estate and typically do not go into an estate account.
• Creditors and notices: As personal representative you must follow Nebraska law for notifying creditors and handling claims. Estate funds may need to be reserved to pay valid debts before distributions to beneficiaries.

Helpful hints

• Call the bank before you visit. Ask exactly which documents and how many certified death certificates they require for an estate account.
• Apply for the estate EIN after you have authority information ready (the probate court filing number or letters). The IRS often issues EINs immediately online.
• Label the account clearly (“Estate of [Decedent], by [Your Name], Personal Representative”) to avoid commingling funds.
• Keep a separate paper or electronic ledger of every deposit and disbursement. Good records make required court accountings easier and reduce disputes.
• When in doubt about whether an asset must go through probate or how to respond to creditor claims, consult a Nebraska probate attorney or the county probate court clerk for guidance.
• Use official Nebraska resources for forms and instructions. The Nebraska Judicial Branch and Nebraska Legislature websites are authoritative starting points: https://supremecourt.nebraska.gov/probate and https://nebraskalegislature.gov/laws/statutes.php.

If you want, tell me the basic facts (was there a will, was a probate filed, are there joint accounts or beneficiary designations) and I can outline the next documents you likely need and typical bank questions to expect.