Detailed Answer
When someone dies, their estate must use a federal Employer Identification Number (EIN) to file tax returns and open bank accounts. In Nevada, an executor—known as a personal representative—must first secure court appointment before applying for an estate EIN.
Step 1: Obtain Appointment as Personal Representative
Under Nevada law, only a court-appointed personal representative may apply for an estate EIN. To obtain appointment, file a petition for probate in the district court where the decedent lived. The court will issue Letters Testamentary (if there’s a will) or Letters of Administration (if there’s none). You need these documents to prove your authority.
Key statutes:
NRS 144.020 – Definitions
NRS 144.040 – Letters Testamentary and of Administration
Step 2: Complete IRS Form SS-4
Once you have Letters Testamentary or Administration, complete IRS Form SS-4. Include:
- The decedent’s legal name and date of death.
- The estate’s mailing address in Nevada.
- Your name and Social Security number as the fiduciary.
- The reason for applying (check “Banking purposes” or “Estate of a deceased individual”).
Step 3: Submit Form SS-4 to the IRS
- Online: Immediate EIN issuance via the IRS website: IRS EIN Online.
- Fax: Fax Form SS-4 to (855) 215-1627 for estates. Expect a response in about four business days.
- Mail: Mail to the address on the SS-4 instructions. Processing can take up to four weeks.
Step 4: Use the EIN
After receiving the EIN, you can:
- File the estate’s federal income tax return (Form 1041).
- Open and manage estate bank accounts.
- Report estate income, gains, and distributions.
Helpful Hints
- Apply online for the fastest EIN issuance.
- Keep digital and physical copies of Form SS-4 and Letters Testamentary.
- Double-check the decedent’s legal name and date of death for accuracy.
- If you hit snags, contact the IRS Estate and Gift Tax helpline at 800-829-4933.
- Consider consulting a probate attorney for complex estates or tax questions.