How to Open a Massachusetts Estate Bank Account Using an IRS EIN

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

This article explains how a personal representative (executor or administrator) in Massachusetts can open a bank account for a decedent’s estate using an IRS Employer Identification Number (EIN). It covers when you need an estate account, how to get the court appointment and an EIN, what banks usually require, and practical tips to keep the estate’s money safe and separate. This is general information, not legal advice.

1. Do you need an estate bank account?

Open an estate account when money belonging to the decedent must be collected, managed, or used to pay debts, taxes, or administration expenses. Examples include proceeds from the decedent’s bank or investment accounts (when payable to the estate), rental income, or sale proceeds from estate property. Assets that already pass outside probate (payable‑on‑death designations, joint accounts, life insurance or retirement beneficiary designations) typically do not require an estate account unless you choose to collect and manage them through the estate.

2. Who can lawfully open the estate account in Massachusetts?

Only the personal representative appointed by the Probate and Family Court has authority to act for the estate for most purposes. Appointment and the issuance of official proof of appointment (often called “Letters,” “Letters Testamentary,” or “Letters of Administration”) come from the Probate Court under the Massachusetts Probate Code. See Mass. Gen. Laws ch. 190B for the probate framework: Mass. Gen. Laws ch.190B. For practical help with filings and court locations see the Probate and Family Court pages at Mass.gov: Mass. Probate and Family Court.

3. Steps to open an estate bank account

  1. Start the probate (if required).

    If probate is required, file the petition to open a decedent’s estate with the Probate Court in the county where the decedent lived. After the court appoints you, it will issue certified proof of appointment. If the estate qualifies for a simplified or small‑estate process, different rules may apply — check the Probate Court guidance on small estates.

  2. Get certified copies of the appointment and a death certificate.

    Banks almost always require a certified copy of the Letters from the Probate Court and an official death certificate before they will open an estate account. Order multiple certified copies so you can provide them to banks, brokerages, and other institutions.

  3. Obtain an EIN for the estate from the IRS.

    An estate must generally use its own EIN rather than the decedent’s Social Security number. Apply online (fastest) or by filing Form SS-4. The IRS provides specific guidance for estates and trusts: IRS: Estates and Trusts. For Form SS-4 information and instructions see: IRS Form SS-4. When you apply, identify yourself as the personal representative and give the required decedent and estate information. If the Probate Court has not yet issued Letters, some banks will accept proof of application plus a bank’s provisional procedures, but most banks prefer to wait for formal Letters.

  4. Open the account with the bank.

    Bring the certified Letters, a certified death certificate, the estate EIN (or the EIN confirmation letter from the IRS), and a valid photo ID. The bank will typically ask you to sign a signature card that shows you are acting as the personal representative and will label the account as an estate account (for example: “Estate of [Full Name of Decedent], by [Your Name], Personal Representative”). Ask the bank to note the EIN on the account records instead of the decedent’s SSN.

  5. Keep estate funds separate and keep good records.

    Never mix estate money with your personal funds. Use the estate account to receive estate income and pay estate debts, bills, and distributions. Maintain clear, dated records and retain bank statements and receipts for accounting and for final accounting to beneficiaries or to the Probate Court if required.

4. Typical documents banks request

  • Certified copy of Letters Testamentary or Letters of Administration from the Probate Court
  • Official death certificate
  • Estate EIN confirmation (IRS CP 575 or confirmation from online application)
  • Personal representative’s photo ID and contact information
  • Completed bank signature card showing representative title
  • Sometimes a copy of the will (if the will establishes the executor), but many banks rely on the Letters alone

5. Common complications and how to handle them

  • If assets pass outside probate (POD, beneficiary designations, joint accounts), the financial institution may release funds directly to the named beneficiary or joint owner. Ask the institution for its specific requirements.
  • If there is no probate appointment yet but immediate access to funds is necessary (for funeral expenses, urgent bills), some banks will allow a temporary release against proof of relationship and a death certificate. That is bank‑specific and not guaranteed.
  • If a bank refuses an estate EIN because of mismatched names/format, provide the IRS EIN confirmation and a certified copy of the Letters showing your authority and the estate name. Banks have slightly different naming formats for estate accounts; ask what format they prefer (for example, “Estate of Jane Doe, by John Doe, Personal Representative”).
  • If you expect estate tax or income tax issues, consult a tax professional before disposing of large assets or making distributions.

6. Where to get authoritative help

Helpful Hints

  • Apply for the estate EIN as soon as you are appointed or when you know you will need one. The online IRS application typically issues the EIN immediately.
  • Order several certified copies of the Letters and the death certificate at the time of appointment — banks and other institutions often require originals or certified copies.
  • Ask the bank whether it requires the estate account name in a specific format (some banks require “Estate of [Name], by [PR Name], Personal Representative”).
  • Keep a separate checkbook and debit/credit arrangements for the estate. Record every transaction and retain receipts.
  • Do not distribute funds to beneficiaries until debts, taxes, and administration expenses are paid or until you have court approval if required.
  • If the estate seems small or straightforward, ask the Probate Court clerk about simplified procedures that may avoid full probate.
  • Contact a probate attorney or a tax advisor if you encounter disputes among heirs, unfamiliar tax issues, or if the estate holds complex assets (business interests, retirement accounts, real estate in other states).

Disclaimer: This information is educational only and does not constitute legal advice. I am not a lawyer. For advice about your specific circumstances, consult a Massachusetts probate attorney or the Probate Court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.