Step-by-step FAQ: Opening an Estate Bank Account in Oregon with an IRS EIN
Short answer
To open an estate bank account in Oregon using an IRS Employer Identification Number (EIN), you normally need a court-issued appointment (letters testamentary or letters of administration) or a qualifying small-estate procedure, a certified copy of the decedent’s death certificate, and the estate’s EIN from the IRS. Banks set their own document policies, so contact the bank first to confirm the exact requirements.
Detailed answer — practical, step-by-step guidance
1. Determine whether probate (a personal representative) is required
Start by identifying how title to the deceased parent’s assets is held. Common possibilities:
- Joint accounts with rights of survivorship transfer to the surviving joint owner automatically.
- Payable-on-death (POD) or transfer-on-death (TOD) designations pass to the named beneficiary without probate.
- Assets titled solely in the decedent’s name often require probate administration unless the estate qualifies for a nonprobate / small estate procedure.
If probate is needed because assets are solely titled or the bank requires an appointed fiduciary, you will usually need the court to appoint a personal representative before opening an estate account. See Oregon probate statutes for the governing procedures: Oregon Revised Statutes (probate chapters) at ORS Chapter 111 and related chapters such as ORS Chapter 113.
2. Obtain necessary documents from the court (if probate is required)
If you are or will be the personal representative, file the required petition in the county probate court to be appointed. After appointment, the court will issue letters testamentary or letters of administration (often called “Letters” or “Letters of Appointment”). Banks typically accept these Letters as authority to act for the estate.
Oregon courts provide probate information and local forms. Check your county court or the Oregon Judicial resources for probate procedures.
3. Get certified copies of the death certificate
Most banks require one or more certified copies of the death certificate to prove the account owner’s passing. Obtain these from the state or local vital records office.
4. Obtain an EIN for the estate from the IRS
An estate requires its own EIN when it operates as a separate tax entity — for example, to open bank accounts in the estate’s name, to file estate income tax or estate tax returns, or to hire professionals. You can apply for an EIN online or by submitting Form SS-4.
- IRS guidance for estates and trusts and how to obtain an EIN: Estate and Trust EIN (IRS).
- Form SS-4 and instructions: Form SS-4 (IRS).
- Online EIN application (for applicants with a U.S. taxpayer identification number): Apply for an EIN Online (IRS).
The online EIN assignment is usually immediate. If you cannot apply online, you can fax or mail Form SS-4 or call the IRS EIN unit for assistance.
5. Open the estate account at the bank
Call the bank before you go in. Ask which documents it requires to open an estate account; typical requirements include:
- Certified death certificate.
- Letters testamentary/letters of administration (or proof of authority under a small-estate procedure).
- The estate’s EIN (IRS confirmation letter or printed confirmation from the online application).
- Personal identification for the personal representative (driver’s license, passport).
- Account numbers or statements for the decedent’s existing accounts to be transferred or closed.
When you name the new account, banks commonly use a format such as: “Estate of [Decedent’s Name], by [Name of Personal Representative], Personal Representative.” Use the bank’s preferred naming convention.
6. Manage the estate account and your fiduciary duties
As the personal representative, you must manage estate funds prudently and in accordance with Oregon probate law and any instructions in the will. Typical responsibilities include paying funeral bills, creditor claims, taxes, and distributing the remaining assets to heirs.
Oregon probate law sets out duties, accounting, and timelines for administrators and personal representatives; consult the probate statutes and court resources for procedural details: ORS Chapter 113 (personal representative rules).
7. Small estates and alternatives
Not every estate requires formal probate. Oregon provides simplified procedures for smaller estates, and many individual assets pass without probate by beneficiary designation or joint ownership. Before pursuing probate, determine whether those alternatives apply.
8. When to get legal advice
If the estate is complex, if creditors or heirs dispute matters, if there is a significant tax issue, or you are unsure of your duties, consider contacting an Oregon probate attorney for advice tailored to the situation.
Helpful hints
- Call the bank first. Bank policies vary. Some banks accept a certified copy of a will and a death certificate for small transfers; others insist on court-issued letters.
- Apply for the EIN after you know how the estate will be administered. If you will be acting as a personal representative, list yourself in the SS-4 where required.
- Keep detailed records. Track deposits, checks, distributions, and receipts. These records protect you and help if the court or heirs request an accounting.
- Get multiple certified death certificates. Banks, insurance companies, and government agencies each may require originals or certified copies.
- If the estate is small or all assets have beneficiary designations, opening a full estate account may not be necessary. Confirm whether you can collect funds with a small-estate affidavit or beneficiary designation.
- Expect banks to ask for letters within a few days of appointment. Factor in county-court processing time when planning disbursements such as funeral bills.
- Use the IRS online EIN application for fastest service. Save the confirmation letter or print it for the bank.
- When in doubt, consult an attorney experienced in Oregon probate law for help with filings, fiduciary obligations, and tax issues.