Detailed Answer
In Virginia, an executor must first secure letters testamentary from the circuit court. Under Virginia Code §64.2-470 (https://law.lis.virginia.gov/vacode/title64.2/chapter15/section64.2-470/), the court issues these letters after validating the decedent’s will and any required bond. Once appointed, the executor acts as a fiduciary under Virginia Code §64.2-600 (https://law.lis.virginia.gov/vacode/title64.2/chapter3/section64.2-600/).
After appointment, the executor applies for a federal Employer Identification Number (EIN). An EIN identifies the estate for tax filings, banking, and asset distribution. Follow these steps:
Step 1: Gather Required Information
- Executor’s Social Security number.
- Decedent’s full name, Social Security number, and date of death.
- Estate mailing address.
- Date letters testamentary were issued and court name.
Step 2: Apply Online (Preferred)
- Visit the IRS EIN Application page: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online.
- Complete the application in one session. You must finish within 15 minutes.
- Receive your EIN immediately upon verification.
Step 3: Apply by Mail or Fax (Alternative)
- Download and complete IRS Form SS-4: https://www.irs.gov/pub/irs-pdf/fss4.pdf.
- Mail to the appropriate IRS Center. Instructions are on the form.
- If faxed, send to the number listed in the instructions. You’ll receive the EIN by fax within four business days.
Helpful Hints
- Use the online application for fastest results; it’s free and instant.
- Retain copies of letters testamentary and all correspondence with the IRS.
- Apply early to meet tax-filing deadlines for Form 1041 (U.S. Income Tax Return for Estates and Trusts).
- Keep the EIN active until you receive a final closing letter from the court and file final tax returns.
- No fee applies for obtaining an EIN; avoid third-party services that charge a fee for this free IRS service.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Virginia for guidance on your specific situation.