Detailed Answer

When a person dies, their estate (bank accounts, investments, property, and debts) often needs to be collected, managed, and distributed through the probate process. To separate estate funds from your personal accounts and to comply with tax reporting rules, you typically must open a dedicated estate bank account that uses the estate’s Employer Identification Number (EIN) issued by the Internal Revenue Service (IRS).

Who can open an estate account in Maine?

Only the person legally authorized to manage the estate may open an estate account. That person is generally the executor named in the will or the personal representative/administrator appointed by the Maine Probate Court if there is no will. The probate court issues formal documentation—often called letters testamentary or letters of administration—that most banks require as proof of authority. See the Maine Judicial Branch probate information for basic steps and local contacts: https://www.courts.maine.gov/maine_courts/probate/.

Step-by-step process

1. Confirm your authority. If the decedent left a will, present the will to the Maine Probate Court to have an executor appointed. If there is no will, ask the court to appoint an administrator. The court’s order or the issued letters are the key documents banks will want. For general Maine probate procedures, see the Probate Court pages: https://www.courts.maine.gov/maine_courts/probate/.
2. Get certified copies of the death certificate and the court appointment. Banks usually require a certified death certificate and a certified copy of the letters testamentary or letters of administration.
3. Apply for the estate EIN from the IRS. An estate uses its own EIN (not the decedent’s Social Security number) for estate income, payables, and tax filings. You can obtain an EIN online (if you have a U.S. SSN or ITIN and meet the IRS online criteria), by phone if applying from outside the U.S., or by submitting IRS Form SS-4 by fax or mail. Complete Form SS-4 using the estate’s name formatted as “Estate of [Decedent’s Full Name]” and include the decedent’s date of death and the appointed personal representative’s name and contact information. For the official IRS instructions and online application, see: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online.
4. Receive EIN confirmation from the IRS. The IRS will issue an EIN confirmation notice (often form CP 575). Keep a printed or electronic copy; banks will usually accept that with your other documents.
5. Contact the bank before you go. Policies vary. Ask the bank what they require to open an estate account (for example: certified letters from the probate court, certified death certificate, EIN confirmation, your personal ID, and possibly a banking resolution). Some banks will accept the probate court’s temporary appointment documents; others want certified, filed copies.
6. Open the account in the estate’s name. When opening the account, title it clearly, such as “Estate of [Decedent Name], by [Your Name], Personal Representative.” Deposit all estate funds into this account and use it to pay estate expenses and creditors. Do not mix estate funds with your personal funds.
7. Keep clear records and comply with tax rules. Keep all receipts and bank statements. Depending on estate income and timing, you may need to file the decedent’s final personal income tax returns and the estate’s fiduciary return (IRS Form 1041) for income generated by the estate. Check federal IRS guidance and consult a tax or probate attorney for complex situations: https://www.irs.gov/.

Maine legal authority and where to confirm requirements

The Maine Probate Court supervises estate administration and issues the letters or orders that authorize a personal representative to act. For practical instructions and forms from the Maine courts, visit: https://www.courts.maine.gov/maine_courts/probate/.

For statutory rules governing probate and fiduciary duties, consult the Maine Revised Statutes and the probate code sections available through the Maine Legislature website: https://legislature.maine.gov/ (search for Title 18-B or “Estates and Fiduciaries” in the statutes search box to find applicable sections on administration and fiduciary duties).

When you might not need an EIN or full probate

Some assets pass outside probate (for example, assets with designated beneficiaries or joint accounts) and do not require an estate account. Smaller estates sometimes qualify for simplified procedures. Bank requirements and Maine small-estate procedures vary. Contact the local probate court clerk or an attorney to see if a small estate affidavit or other simplified process applies in your case. See Maine Probate Court information: https://www.courts.maine.gov/maine_courts/probate/.

Common pitfalls to avoid

• Do not use the decedent’s Social Security number to run estate banking operations — banks typically require the estate EIN for estate-specific tax reporting.
• Do not commingle estate funds with your personal accounts. That risks personal liability and may complicate distribution and tax reporting.
• Ask the bank whether they need certified court documents or will accept an uncertified copy. Confirm what they will accept for online vs. in-branch account opening.
• Be careful about transferring titled property (cars, real estate) before obtaining legal authority; the probate court’s appointment grants the power to transfer assets properly.

Helpful Hints

• Make a checklist before you visit the bank: certified death certificate(s), certified letters of appointment, EIN confirmation (IRS CP 575), your photo ID, and a printed list of estate assets.
• Call the probate court clerk ahead of filing to learn local filing requirements and typical processing times for letters of appointment.
• If you need an EIN quickly, try the IRS online EIN application (if eligible) for immediate issuance during the session: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online.
• Keep a separate physical or digital file for estate records (bank statements, receipts, bills paid, correspondence). Good records simplify tax filings and final accounting to heirs.
• Ask the bank about fees for estate accounts and whether they provide special fiduciary account features (for example, check signing rules, multiple signers, or notarized signature requirements).
• Consider consulting a Maine probate attorney if the estate is large, if there are disputes among heirs, if estate tax returns may be required, or if real estate or business interests are involved.