Banks require a court order or letters testamentary, a death certificate, and proof of your authority as executor or administrator before they will open a checking account in the estate's name
An estate checking account is a separate bank account held in the name of the deceased's estate—not in your personal name. It exists to collect money owed to the estate, pay bills and taxes, and distribute funds to heirs. Banks will not open one without documentation proving you have legal authority to act on behalf of the estate. The specific documents vary slightly by bank and state, but the core requirement is always the same: proof that a court has appointed you to manage the estate.
If the deceased left a will, you will need letters testamentary from the probate court. If there was no will or the estate is small enough to skip probate, you may need letters of administration instead. Both are court documents that tell the bank you are legally authorized to handle the estate's money. Without one of these, no bank will let you open an account.
Key Takeaways
- You must bring a certified copy of the death certificate and either letters testamentary or letters of administration to open an estate account.
- Letters testamentary come from probate court when there is a will; letters of administration come when there is no will or the estate qualifies for simplified probate.
- Different banks may ask for additional documents such as a tax ID number for the estate, a copy of the will, or proof of your identity.
- Some banks require the account to be opened in person; others allow you to start the process by mail or online and finish in a branch.
- The account should be titled "Estate of [Deceased's Full Name]" or "[Deceased's Full Name], Deceased Estate" — never in your personal name.
The court documents you must bring
Letters testamentary is the document the probate court issues after you file the will and the court appoints you as executor. It is a one- or two-page letter on court letterhead stating your name, the deceased's name, and that you have authority to manage the estate. You will need a certified copy—a photocopy stamped and signed by the court clerk. One copy is rarely enough; bring at least two or three, because banks often keep one and you will need copies for other institutions (insurance companies, investment firms, utilities).
Letters of administration serve the same purpose when there is no will. The probate court issues them after you file a petition showing you are the closest living relative or the person named in the will to handle the estate. The format and content are nearly identical to letters testamentary, and banks treat them the same way.
If the estate is small enough to avoid probate entirely—which varies by state but often means under $15,000 to $40,000 in assets—you may not have letters at all. In that case, ask the bank what alternative documents they will accept. Some banks will work with an affidavit of heirship or a small-estate declaration signed by the heirs, but this varies widely. Call the bank's probate department before you visit to confirm what they need.
The death certificate and identification
Bring an original or certified copy of the death certificate. A certified copy is one issued by the vital records office in the county where the death occurred, stamped with an official seal. Do not bring a photocopy of a photocopy or a document printed from an online genealogy site. Banks will reject it. You need at least one certified copy for the bank; order extras at the same time from the vital records office, because you will need them for Social Security, insurance claims, and other institutions.
Bring a photo ID in your own name—a driver's license, passport, or state ID card. The bank needs to confirm you are who you say you are, separate from confirming that you have authority over the estate. Some banks will also ask for a second form of ID or proof of address.
The estate's tax identification number
An estate checking account must have its own Employer Identification Number (EIN), even though the estate is not a business and will not employ anyone. The EIN is a nine-digit number issued by the IRS that functions as the estate's tax ID. You obtain it by filing Form SS-4 with the IRS, either online at irs.gov, by phone, or by mail. Online filing is fastest and takes minutes; you receive the number immediately.
You do not need the EIN before you open the account—many banks will let you open it and add the EIN later once you have obtained it. However, some banks prefer to have it from the start. Call ahead and ask. If you do need it before opening the account, file Form SS-4 as soon as you have letters testamentary or letters of administration, because the IRS will ask for the date the estate was created (the date of death).
Additional documents some banks may request
Beyond the core three—letters, death certificate, and ID—individual banks may ask for other paperwork. A certified copy of the will itself is common, even though you already have letters. Some banks want a resolution from the estate's heirs authorizing you to open the account, though this is less standard. A few banks ask for proof of your address or a recent utility bill.
The probate department at your bank can tell you exactly what they need before you visit. Call or visit their website and ask for a checklist. This saves a wasted trip. If you are opening the account by mail, the bank will send you a list of required documents along with the account application.
How the account should be titled
The account must be titled in the estate's name, not yours. The standard format is "Estate of [Deceased's Full Legal Name]" or "[Deceased's Full Legal Name], Deceased Estate." The bank's forms will have a line for this; fill it in exactly as shown. Never title it in your personal name, even though you are the one with authority. Titling it in your name creates confusion with your personal finances and can complicate tax reporting and distributions to heirs.
The account should be a checking account, not savings. Checking accounts allow you to write checks and make transfers, which you will need to do to pay estate bills, taxes, and final distributions. Some banks offer a special "estate account" product with no monthly fees and no minimum balance requirement. Ask whether your bank has one.
What happens after you open the account
Once the account is open, you can deposit checks made out to the estate, transfer funds from the deceased's other accounts (after those accounts are closed or transferred), and receive payments owed to the estate. You will use this account to pay the funeral home, estate debts, income taxes, and property taxes. At the end of probate, you will use it to distribute the remaining funds to heirs according to the will or state law.
Keep detailed records of every deposit and withdrawal. The probate court may require you to file an accounting showing all money in and out. Your state's probate rules will specify whether you need court approval before making distributions, and the estate's tax return (Form 1041) will need to show all income received and expenses paid.
Frequently Asked Questions
Can I open an estate account before probate is finished?
Yes. You can open the account as soon as you have letters testamentary or letters of administration from the court. You do not need to wait until probate closes. In fact, opening it early is usually better, because you can start collecting money owed to the estate and paying bills right away.
What if the bank says they need something I don't have?
Ask the bank to specify exactly what document they need and why. If they are asking for something unusual—like a court order beyond letters testamentary—ask to speak with the probate department manager. If the bank still refuses, you can open the account at a different bank. Not all banks have the same requirements.
Do I need a separate account if the estate is very small?
If the estate qualifies for simplified probate or small-estate procedures in your state, you may not need an estate account at all. Some small estates can be settled without opening a bank account. Ask the probate court clerk or your state bar association's lawyer referral service whether an account is necessary in your situation.
Can I use my personal checking account to hold estate money?
No. Mixing estate money with your personal funds creates legal and tax problems. It can make it harder to prove you handled the money correctly, and it complicates your personal tax return. Always use a separate estate account.
What if the deceased had a will but no probate was filed?
If probate was never opened, you do not have letters testamentary. Contact the probate court in the county where the deceased lived to find out whether you need to open probate or whether the estate qualifies for a simplified process. Some states allow small estates to skip probate entirely, but you will still need some form of court authorization to open a bank account.