Detailed Answer

This guide explains, in plain language, how to open a bank account for your deceased parent’s estate in Texas using an IRS Employer Identification Number (EIN). It assumes you start with no legal background and walks through the practical steps, the legal authority you’ll usually need, and common bank requirements.

Who can open an estate bank account?

Only a person authorized to act for the estate — typically a court-appointed personal representative (called an executor if named in a will or an administrator if appointed when there is no will) — can reliably open an estate account. Banks often require documents showing that authority.

When do you need an estate account?

• If the decedent’s remaining assets are in their name alone (bank accounts, investment accounts, etc.), you will usually need to administer those assets through probate or another court process before a bank will allow transfer or disbursement.
• If assets have a payable-on-death (POD) or transfer-on-death (TOD) beneficiary, are jointly owned with rights of survivorship, or are held in a trust, those assets may pass without creating an estate account.

Key Texas legal resources

Texas probate and estate administration procedures are governed by the Texas Estates Code. For procedural information about probate courts and opening an estate in Texas, see the Texas Judicial Branch probate/self-help pages: https://www.txcourts.gov/programs-services/self-help/probate/. The full Texas Estates Code is available at the Texas statutes website: https://statutes.capitol.texas.gov/?link=ES.

Step-by-step: How to open an estate bank account in Texas

1. Determine whether probate (or a simplified alternative) is required.

   Review the decedent’s assets, titles, and beneficiary designations. If key assets are solely in the decedent’s name, you will usually open a probate estate to manage and distribute them. Texas law provides procedures for small estates and other nonprobate transfers — check the Texas Estates Code and the Texas Judicial Branch resources linked above or consult a probate attorney to see if an alternate path applies.

2. Get certified copies of the death certificate and the will (if any).

   Order certified death certificates from the Texas Department of State Health Services: https://www.dshs.texas.gov/vs/. If there is a will, locate the original and file it with the probate court when you begin the probate process.

3. Open the probate case (if required) and get letters (court documents) showing your authority.

   To act for the estate you normally must be appointed by the probate court. After the court appoints a personal representative, it issues letters testamentary or letters of administration (often called “letters” or “certificate of appointment”). Banks will accept those court-issued letters as proof of authority to open and operate an estate account. The probate court process and exact forms vary by county; see the Texas Judicial Branch probate resources above.

4. Apply for an EIN for the estate.

   An estate is a separate tax entity and generally needs an EIN (Employer Identification Number) when it has income after the decedent’s death, or when banks or brokers require one. You can obtain an EIN online from the IRS: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online. When applying, enter the name of the estate as “Estate of [Decedent’s Full Name]” and list yourself as the executor/administrator if you are the appointed representative.

5. Bring the required documents to the bank.

   Different banks have different policies, but typical documents the bank will ask for include:

   • Certified death certificate(s)
   • Original or certified copy of the court-issued letters appointing the personal representative
   • The estate’s EIN (IRS confirmation notice or the EIN number)
   • Personal identification for the representative (driver’s license, passport)
   • The decedent’s account statements (if you are transferring funds from a decedent’s account)

   Call the bank ahead and ask its estate-account checklist. Many banks will have a special process or forms for estate accounts.

6. Name the account correctly.

   Banks typically accept formats such as: “Estate of John Q. Doe, [Your Name], Independent Executor” or “Estate of John Q. Doe, Jane A. Smith, Administrator.” Use the title shown on the court letters (executor or administrator). Keeping the estate account separate from your personal accounts is essential for recordkeeping and to avoid claims that you commingled funds.

7. Maintain careful accounting and follow tax rules.

   Keep a separate ledger of all estate receipts and disbursements. Estates that earn income after the decedent’s death may need to file an estate income tax return (Form 1041) and may have other federal and state tax filings. IRS guidance on estate and trust returns is here: https://www.irs.gov/businesses/small-businesses-self-employed/estate-and-trust-income-tax-returns.

8. Close the estate account when administration is complete.

   After you pay valid debts, file required tax returns, and distribute assets under the will or Texas law, you will close the estate account and provide final accounting to the court if required. Follow any court orders and local rules for final discharge of a personal representative.

Practical tips about banks and varying requirements

• Banks are private entities and may have additional internal requirements. Some accept certified copies of the court letters; others want original court-issued documents.
• Some banks will let a surviving joint owner withdraw funds without probate if accounts were joint with rights of survivorship. Others will require documentation.
• If assets are small or the estate qualifies for a Texas simplified procedure, you may avoid full probate — but you still need to follow the statutory process. See the Texas Estates Code and local probate clerk guidance for small-estate procedures: https://statutes.capitol.texas.gov/?link=ES.

When you might not need an estate account

• If accounts have POD/TOD beneficiaries, the funds pass to the named beneficiary directly.
• If assets are jointly owned with rights of survivorship, they typically pass to the surviving owner without probate.
• If a trust controls assets, the successor trustee manages and distributes trust property per the trust document; the trustee uses trust, not estate, accounts.

Common pitfalls to avoid

• Mixing estate funds with your personal funds (avoid commingling).
• Spending estate money before you are legally authorized to do so.
• Failing to get the correct EIN and trying to use your personal SSN for estate tax reporting or banking — banks generally require an EIN for estate accounts.

Where to get help

Contact the probate clerk at the county court where the decedent lived for local procedures and forms. For legal questions about whether you must open probate, the duties of a personal representative, or complex asset situations, consult a licensed Texas probate attorney. The Texas Judicial Branch provides general probate guidance: https://www.txcourts.gov/programs-services/self-help/probate/.

Disclaimer

This information is educational and not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Texas attorney.

Helpful Hints

• Call the bank before visiting. Ask for the bank’s specific list of required documents for an estate account.
• Order multiple certified death certificates — banks, titles, and government agencies will often each ask for one.
• Get the court’s letters before attempting to transfer or spend estate assets. Without them, most banks will not allow you to move money out of accounts titled in the decedent’s name alone.
• Apply for the estate EIN online at the IRS site; you usually get the number immediately when you apply online.
• Keep clear records: copies of every deposit, check, invoice, and distribution. You will need them for tax filings and final accounting to the court or heirs.
• If the estate is small or has special circumstances (real estate, business interests, or out-of-state assets), speak with a probate lawyer early to avoid costly mistakes.