FAQ — Estate Bank Accounts and IRS EINs in Utah

Short answer: To open a bank account in your deceased parent’s estate name in Utah you usually must be the court-appointed personal representative (or have another lawful basis such as a small-estate procedure or beneficiary designation), obtain an Employer Identification Number (EIN) for the estate from the IRS, and bring the bank certified death certificate, the court-issued letters (e.g., Letters of Administration or Testamentary), your ID, and the IRS EIN confirmation. Below is a step-by-step explanation of how this typically works under Utah law and practical tips to make the process go smoothly.

Detailed answer — step-by-step under Utah law

1) Determine whether probate or a simplified process is required

Utah follows the Uniform Probate Code (Title 75). Whether you must open a formal estate account usually depends on whether the decedent’s assets can pass outside probate (joint accounts, payable-on-death beneficiaries, transfer-on-death designations, life insurance, retirement accounts) or whether the estate must be administered through probate. For general information on Utah probate procedures, see the Utah Courts probate overview: https://www.utcourts.gov/howto/probate/ and the Utah Code (Uniform Probate Code), Title 75: https://le.utah.gov/xcode/Title75/75.html.

2) Be or become the personal representative

Most banks require proof that the person asking to open an estate account has the legal authority to manage estate funds. That authority usually comes from a court appointment as personal representative (sometimes called executor or administrator). To be appointed you generally file a petition with the Utah district court in the decedent’s county. The court issues written credentials commonly called Letters Testamentary or Letters of Administration. Those letters are the document banks most often ask to see before allowing you to open an estate account.

3) Obtain a certified copy of the death certificate

Get several certified (raised seal) copies from the county vital records office or funeral home. Banks almost always want at least one certified death certificate when you open an estate account.

4) Apply for an EIN for the estate from the IRS

The estate is a separate taxpayer for many purposes. The IRS issues an Employer Identification Number (EIN) for the estate. The personal representative applies on IRS Form SS-4. The fastest way is the IRS online EIN application: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online. When you apply you will list the estate name (typically “Estate of [Decedent’s Name]”), enter the decedent’s date of death where required, and list the personal representative (responsible party). After the online process the IRS generally issues the EIN immediately and provides confirmation that you can print. If you apply by mail or fax, you will receive a confirmation letter (CP 575) by mail after processing.

5) Present the required documents to the bank

Most Utah banks will require the following before opening an estate account:

• Certified copy of the decedent’s death certificate
• Court-issued Letters Testamentary or Letters of Administration showing you are the personal representative
• Proof of your identity (government-issued photo ID)
• IRS EIN confirmation (online printout or CP 575 letter)
• Completed bank account paperwork and signature cards naming the estate account and the personal representative

Each bank has its own internal policies. Some banks let you open an estate account for the short term while probate is pending if you provide the decedent’s will and the filed petition; others require formal letters. Call the bank’s fiduciary or estate department in advance to confirm requirements.

6) Use the estate account properly and keep records

Once opened, deposit estate funds (proceeds from asset sales, checks payable to the estate), pay estate obligations (funeral costs, creditor claims, taxes, administration expenses), and keep clear records and receipts. As personal representative you have a fiduciary duty to act in the estate’s best interest. Utah’s probate law governs the personal representative’s duties and powers; consult Title 75 for more detail: https://le.utah.gov/xcode/Title75/75.html.

Common variations and issues

Estate small-value or informal procedures

Utah has simplified procedures for smaller estates and may allow transfer of certain assets without formal probate. If a simplified process applies, you might not need formal letters or an EIN, depending on the asset and institution. Always confirm with the bank and review Utah courts guidance: https://www.utcourts.gov/howto/probate/.

What if there is no will?

If there is no will, the court will appoint an administrator under Utah law. The administrator receives letters from the court similar to an executor and can obtain an EIN and open estate accounts.

What if assets are jointly titled or have beneficiaries?

Assets held jointly with rights of survivorship or with named beneficiaries pass outside probate. Those assets generally do not need to be deposited into an estate account. Instead, the surviving co-owner or beneficiary must work with the institution to retitle or claim the assets. Do not pour such property into the estate account without confirming the correct legal approach.

Tax considerations

The estate’s EIN will be used for estate income tax filings and for estate-related employment tax accounts if the estate hires staff. You also must file the decedent’s final individual income tax return and possibly an estate income tax return (Form 1041) if the estate generates taxable income. Consult the IRS pages or a tax professional about filing responsibilities.

When to consult an attorney

Consider consulting a probate attorney if any of the following apply: contested wills, complex or large estates, unclear creditor situations, significant tax issues, or banks refusing to accept your documents. An attorney helps ensure you follow Utah probate procedures and meet your fiduciary duties under Utah law (Title 75): https://le.utah.gov/xcode/Title75/75.html.

Helpful Hints

• Call the bank’s estate/fiduciary department first and ask for their checklist.
• Bring multiple certified death certificates — banks and other institutions each often want their own copy.
• Print the IRS EIN confirmation immediately if you apply online; it’s accepted by banks as proof.
• Keep an organized file: petitions, court orders, letters, death certificate copies, invoices paid, and bank statements.
• Do not commingle personal funds with estate funds. Use the estate account exclusively for estate transactions.
• If an institution refuses to accept properly issued Letters, ask to speak to a manager or the bank’s legal/estate department — bank staff sometimes need education on probate documents.
• Track time-sensitive tasks such as creditor notices and tax filings to avoid late penalties.

Key resources

• Utah Courts probate information: https://www.utcourts.gov/howto/probate/
• Utah Code (Uniform Probate Code), Title 75: https://le.utah.gov/xcode/Title75/75.html
• IRS EIN online application and instructions: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online

Disclaimer: This article is informational only and does not constitute legal advice. It summarizes general steps and resources under Utah law but cannot address specific facts. Consult a licensed Utah attorney for advice tailored to your situation.