What steps are required to open an estate bank account using the estate EIN?: North Carolina - Pennsylvania
The Short Answer
In Pennsylvania, a bank or credit union will typically require proof that you are the court-recognized personal representative (executor/administrator) before it will allow an “estate” account to be opened and used with the estate’s EIN. In practice, that usually means you must first obtain Letters Testamentary or Letters of Administration from the Register of Wills, and then the financial institution can open an estate account for deposits and withdrawals under your fiduciary authority.
What Pennsylvania Law Says
Financial institutions are generally not supposed to allow deposits or withdrawals from a deceased person’s account unless and until a court-recognized estate representative authorizes the transactions. Pennsylvania law also recognizes that a court-recognized representative may open an account for estate funds, which is the legal foundation banks and credit unions rely on when they ask for “letters” and related documentation before opening an estate account tied to an EIN.
The Statute
The primary law governing this issue is 17 Pa.C.S. § 508.
This statute establishes that, absent contrary written documentation, a credit union must freeze a deceased member’s account and may only permit deposits or withdrawals with authorization from a court-recognized representative—and it also permits a court-recognized representative to open an estate account for estate funds.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Estate administration often requires timely court filings and, later, a formal accounting process may be required in Orphans’ Court depending on disputes, distributions, or court direction. See generally 20 Pa.C.S. § 762.
- Burden of Proof: Banks commonly require clear proof of your authority (Letters Testamentary/Administration) and may refuse access if the paperwork is incomplete, inconsistent, or if there are competing claimants.
- Exceptions: Whether “full” probate is required can depend on how assets are titled (joint accounts, beneficiary designations, small-estate options), and mistakes can create personal liability or delay distributions.
Trying to handle this alone can lead to account freezes, rejected deposits/withdrawals, tax reporting problems, or allegations that estate funds were mishandled. A probate attorney can coordinate the court authority, EIN/tax posture, and bank compliance so the estate’s money is handled cleanly and defensibly.
Get Connected with a Pennsylvania Attorney
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.