How to open an estate bank account in West Virginia using an IRS EIN

Disclaimer: This article is for general information only. It does not provide legal advice. Consult a licensed West Virginia attorney or the probate court for advice about your specific situation.

Detailed answer: steps to set up an estate bank account in West Virginia

If a person in West Virginia dies leaving assets that must be managed or distributed, you usually need an estate bank account to receive funds (like proceeds from the sale of assets), pay bills, and distribute money to heirs. An estate account is a bank account opened in the name of the decedent’s estate and managed by the personal representative (sometimes called the executor or administrator). In many cases banks require an Employer Identification Number (EIN) from the IRS to open the account instead of using the decedent’s Social Security number.

1. Confirm you have the legal authority to act for the estate

Before opening an estate account, you normally need authority from the probate court. In West Virginia, probate matters fall under the state probate code (see W. Va. Code, Chapter 44). The court appoints a personal representative when a valid will names one (executor) or when there is no will (administrator). That person’s authority typically appears in the court-issued document called “Letters Testamentary” or “Letters of Administration.” Banks usually require a certified copy of those letters before they will open an estate account.

Learn more about West Virginia probate law and procedures: W. Va. Code, Chapter 44 (Probate).

2. Obtain an EIN for the estate from the IRS

Most banks will not accept the decedent’s Social Security number for an ongoing estate account. Instead, the estate needs an EIN. The EIN identifies the estate for tax and banking purposes. The IRS issues EINs for estates of deceased persons.

How to apply:

• Online (fastest): Use the IRS online EIN application at the IRS website: Apply for an EIN Online. The person applying should be the personal representative or someone authorized to apply on the estate’s behalf.
• By mail or fax: You can complete Form SS-4 and mail or fax it to the IRS. The form and mailing/fax instructions are on the IRS site linked above.

When completing the SS-4, list the estate’s name (e.g., “Estate of John Doe, deceased”) and the personal representative as the responsible party. Keep the EIN notice or confirmation; the bank will want to see it.

3. Gather required documents to present to the bank

Different banks have slightly different requirements, but commonly they will ask for:

• Certified copy of Letters Testamentary or Letters of Administration from the county probate court.
• Death certificate for the decedent (certified copy).
• IRS EIN confirmation letter (CP 575 or the online confirmation).
• Personal identification for the personal representative (driver’s license, passport).
• Copy of the decedent’s will, if one exists, or other court paperwork showing authority.

If the estate is small and qualifies under West Virginia’s small estate procedures, you might be able to use a small estate affidavit instead of full probate paperwork. Check West Virginia probate procedures or consult the probate court.

4. Open the estate bank account

Visit a bank (or many banks allow appointment scheduling). Ask to open an “estate” or “fiduciary” account. Present the EIN and the court documents listed above. Request checks and a debit card if needed. Make sure the account title clearly indicates it’s an estate account (example: “Estate of Jane Smith, John Smith, Personal Representative, EIN XX-XXXXXXX”).

Keep detailed records of all deposits, disbursements, and receipts. Estate funds must be segregated from your personal funds. Mixing funds can create personal liability for the representative.

5. Use the account for estate business and follow tax and reporting rules

Use the estate account to collect estate income, sell estate assets, pay estate debts, file estate tax returns if required, and distribute funds to beneficiaries according to the will or West Virginia law. The personal representative has fiduciary duties to manage and preserve estate assets, pay legitimate claims, and distribute property properly.

For federal EIN and tax questions, see the IRS guidance on estates and trusts and EINs: IRS: Estate and Trust Tax Information.

Common practical scenarios (hypothetical examples)

Example A — Testate estate with a named executor

If the decedent left a will naming an executor, the executor files the will with the county probate court, obtains Letters Testamentary, applies for an EIN in the name of the estate, and takes those documents to a bank to open an estate account. The executor uses that account to collect asset proceeds, pay funeral expenses and creditors, and then distribute the remainder to beneficiaries.

Example B — No will (intestate) and a family member appointed administrator

A close family member petitions the probate court to be appointed administrator. After the court issues Letters of Administration, the administrator applies for an EIN and opens the estate account. The administrator pays creditors and distributes assets according to West Virginia intestacy rules found in the probate code (W. Va. Code, Chapter 44).

When you may not need a full probate or EIN

Small assets or assets with beneficiary designations (payable-on-death accounts, joint accounts, retirement accounts with named beneficiaries, or life insurance) may pass outside probate. For some very small estates, West Virginia offers simplified procedures. Check the probate court’s rules or consult an attorney to see if you can avoid full probate and an estate bank account.

Helpful Hints

• Start at the probate court in the county where the decedent lived. The court clerk can explain local filing practices and what documents you must file to obtain Letters.
• Keep estate funds separate. Never mix estate money with your personal accounts.
• Ask the bank what fiduciary documentation they require before you make a trip—requirements vary by bank and branch.
• Obtain a certified copy of Letters from the probate court. Banks often insist on a certified court copy rather than a plain photocopy.
• Apply for the EIN only once. If you apply multiple times you will get multiple EINs, which complicates tax reporting.
• Keep receipts and maintain a ledger of transactions. You may need to account to beneficiaries or the court.
• If the estate might owe federal or state estate tax, consult a tax professional. The IRS and West Virginia tax authorities have separate rules and filing requirements.
• If you encounter disputes among heirs or creditors make a record of steps you took and consult an attorney promptly.
• Use trustworthy estate or probate checklists published by the West Virginia courts or state bar as a starting point.

Helpful links:

• West Virginia Code (Probate, Chapter 44): https://www.wvlegislature.gov/WVCODE/Code.cfm?chap=44
• IRS — Apply for an EIN: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online
• IRS — Estate and Trust Tax Information: https://www.irs.gov/businesses/small-businesses-self-employed/estate-and-trusts-tax-information
• West Virginia Courts — Probate information and local court contacts: https://www.courtswv.gov/lower-courts/probate/

If you are unsure how to proceed—especially if the estate is complex, has significant creditors, or multiple heirs—talk to a West Virginia probate attorney. An attorney can help you file the correct paperwork, protect you from personal liability, and ensure you follow state statutes and court procedures.