How to move brokerage assets into an estate checking account under Texas law — FAQ
Disclaimer: This is general information only and not legal advice. Consult a Texas probate attorney for advice about your specific situation.
Short answer
How you get brokerage account assets into an estate checking account in Texas depends on how the brokerage account was titled and whether a beneficiary was named. If the account has a beneficiary or is payable-on-death / transfer-on-death (TOD), the broker will usually transfer assets directly to the named person(s) after you submit a certified death certificate and the broker’s forms. If the account was owned solely by the decedent with no transfer designation, the executor or administrator must obtain court authority (probate letters) and an Employer Identification Number (EIN), open an estate checking account, then instruct the broker to transfer or liquidate assets and deposit the proceeds to that estate account.
Step-by-step: practical procedure
1) Identify account ownership and beneficiary designations
Before doing anything, gather account statements and the account agreement (if available). Look for these common titling types:
- Joint owners with rights of survivorship — surviving owner usually keeps the account.
- Transfer-on-death (TOD) or payable-on-death (POD) beneficiary — assets pass to the named beneficiary outside of probate when the broker completes its transfer procedures.
- Retirement accounts or IRAs — often have beneficiary designations and special tax rules.
- Sole name with no beneficiary — generally requires probate and court authority to transfer assets to the estate.
2) If there is a beneficiary or TOD designation
Contact the brokerage’s death/estate unit and ask for their beneficiary-claim packet. Typical requirements include:
- Certified copy of the decedent’s death certificate (some brokers require multiple certified copies).
- Completed beneficiary claim form provided by the broker.
- Photocopy of the beneficiary’s government ID.
- Tax forms (often a W-9) so the broker can report taxable events and update account registration.
- Sometimes a medallion signature guarantee if the transfer is large or done in-kind.
Once the broker processes the paperwork, it will either re-title the securities in the beneficiary’s name or send a check payable to the beneficiary. That money can then be deposited into the beneficiary’s account; no estate checking account is needed if assets pass outside probate.
3) If the account requires probate (sole ownership, no beneficiary)
Basic steps an executor/administrator follows in Texas:
- Open a probate case in the county where the decedent lived and obtain Letters Testamentary (if there is a will and you are the named executor) or Letters of Administration (if intestate or no appointed executor). The Texas courts provide general probate information: Texas Judicial Branch — probate information. For independent administration rules see the Texas Estates Code (Administration of Estates): Texas Estates Code, Chapter 401 (Independent Administration).
- Obtain an Employer Identification Number (EIN) for the estate from the IRS (you cannot use the decedent’s SSN for estate banking after probate opens). Apply online: IRS — apply for EIN.
- Open an estate checking account at a bank. The bank will require the court-issued letters, the EIN, and ID for the person opening the account.
- Provide the brokerage with: the court-issued letters (certified copy), a certified copy of the death certificate, the broker’s required transfer forms, and the estate bank account information. The broker will instruct whether it will transfer securities in kind into the estate account, sell and deposit cash, or pay by check to the estate account.
- Keep good records. Use the estate checking account to collect proceeds, pay creditor claims, pay taxes, and make distributions only after you have authority and creditor obligations are resolved.
Texas law allows certain executors to handle estate administration independently without frequent court supervision; see Chapter 401 of the Texas Estates Code for details: ES Ch. 401.
4) What documents the brokerage typically asks for
- Certified death certificate (usually multiple certified copies).
- Letters Testamentary or Letters of Administration (certified copy issued by the probate court).
- Broker-specific transfer or claim forms completed and signed (some require medallion guarantees for signatures).
- Estate EIN and estate bank account details (for deposits).
- Identification for the executor/beneficiary and tax forms (W-9 or W-8BEN for foreign persons).
5) Practical timing and common delays
- Brokerages often place a temporary freeze on accounts when notified of a death; expect a short processing delay while they verify documentation.
- If securities must be sold to pay creditors or taxes, sales may take several business days and be subject to market risk.
- Large transfers may require a medallion signature guarantee which is not the same as a notary; banks or brokerage branches usually provide medallion guarantees for customers with accounts there.
Special situations
Small estates
Some states offer a simplified process for small estates. Texas has streamlined procedures for collecting certain personal property in some counties without full probate, but eligibility and procedures vary. Check the county probate clerk or consult a Texas probate attorney to see if a short-form process applies to your situation. General information about Texas probate courts is at the Texas Judicial Branch page: https://www.txcourts.gov/programs-services/probate/.
Joint accounts and survivorship
If the account was titled with a surviving joint owner and includes survivorship language, the surviving owner typically continues to access the account by providing the broker a death certificate. The joint-owner status, not the will, controls ownership for jointly titled brokerage assets.
Retirement accounts (IRAs, 401(k)s)
Retirement accounts have special tax rules and required minimum distribution consequences. Beneficiary designations usually control transfer; if probate is required, seek tax guidance before distributions. The IRS site for guidance is: IRS.
Helpful hints
- Start by calling the brokerage’s death/estate department — they will provide the exact checklist the firm requires.
- Order several certified copies of the death certificate early; many institutions require original certified copies.
- Get an EIN for the estate before contacting banks or brokerages about an estate account.
- Keep estate funds separate — do not use the estate checking account to pay the personal expenses of the executor.
- Document every transfer, sale, deposit, and distribution in a ledger for the estate file.
- If you expect creditor claims, wait to distribute assets until the creditor period (or until you have authority under independent administration) has passed or you have court approval.
- If you are unsure how to proceed or the brokerage resists transfer, consult a Texas probate attorney to avoid personal liability for improper distributions.