Documents and proof the bank will ask for
To open a checking account in the estate's name, you will need to bring the original death certificate (or a certified copy) and proof that you have legal authority to act on behalf of the estate. The bank will not open the account without both. Most banks require at least one certified copy of the death certificate — ask the funeral home or the vital records office in the county where the person died how many copies you should order, because you will need them for other institutions too.
The document proving your authority depends on your role. If you are the executor or personal representative, you need the Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). These are court documents issued by the probate court that show you have legal power to manage the estate's money and property. If you are the surviving spouse or an immediate family member but not yet formally appointed, the bank may ask you to bring a copy of the will or a death certificate and ask you to sign paperwork stating your relationship to the deceased.
Bring a government-issued photo ID in your own name. The bank will verify your identity before opening any account. Some banks also ask for a Social Security number for the estate itself — the IRS assigns an Employer Identification Number (EIN) to estates, and you may need to obtain one before opening the account. Call the bank ahead of time to ask whether they require an EIN or whether they will accept the deceased person's Social Security number temporarily while you are getting one.
Key Takeaways
- You must bring an original or certified copy of the death certificate and court-issued proof of your authority (Letters Testamentary or Letters of Administration) to open an estate checking account.
- The bank will ask for your government-issued photo ID and may require an Employer Identification Number (EIN) for the estate, which you can request from the IRS.
- If you are not yet formally appointed as executor or personal representative, the bank may accept a copy of the will and your relationship to the deceased, but this varies by bank.
- Contact the bank before you visit to confirm what documents they need, because requirements differ between institutions.
- Order multiple certified copies of the death certificate upfront, because you will need them for the bank, the IRS, insurance companies, and other creditors.
How to get Letters Testamentary or Letters of Administration
These documents come from the probate court in the county where the deceased person lived. If there is a will, the court issues Letters Testamentary to the person named as executor in the will. If there is no will, the court issues Letters of Administration to the person highest in the legal line of succession — usually the surviving spouse, then adult children, then parents, then siblings.
To request these letters, you file a petition with the probate court. The process varies by state and by whether the estate is small or large. Some states have a simplified process for small estates that takes weeks; others require a full probate case that can take months. The court clerk can tell you which process applies to your situation and what forms to file. You do not need a lawyer to file, though many people hire one to handle the paperwork.
Once the court approves your petition, the clerk will issue the letters and give you certified copies. Bring these to the bank along with the death certificate. If probate is still ongoing and you need to open an account before the court issues the letters, ask the bank whether they will accept a petition receipt or a letter from the probate court showing that your petition is pending.
Why banks require these specific documents
The bank needs proof that you have legal authority because they are responsible for making sure money goes to the right people. If someone without authority withdraws money from an estate account, the bank can be held liable. The death certificate proves the account holder is deceased and that the account should no longer be treated as a personal account. The Letters Testamentary or Letters of Administration prove that a court has reviewed your claim and found you have the legal right to manage the estate's money.
Without these documents, the bank cannot distinguish between a legitimate heir or executor and someone trying to steal from the estate. This protection exists for the people who will eventually inherit — creditors, beneficiaries, and the state all have claims on estate money, and the bank's role is to hold it safely until those claims are resolved.
What happens if you cannot get the letters yet
If probate has not started or is moving slowly, you may need to access estate money before the court issues the letters. Some banks will freeze the deceased person's existing account and convert it to an estate account if you bring the death certificate and proof of your relationship. This is different from opening a new account, but it serves the same purpose — it keeps the money separate and prevents unauthorized withdrawals.
If the deceased person had no existing account at the bank, or if that bank will not convert the account, ask whether they will accept a court order or a letter from the probate court stating that your petition is pending. Some banks will open a temporary account under these conditions. Others will not open any account until the letters are issued. This is why calling ahead matters — you can find out what your bank will accept and plan accordingly.
Obtaining an Employer Identification Number for the estate
An EIN is a nine-digit number the IRS issues to identify a business, trust, or estate for tax purposes. Estates need an EIN if they will earn income (from interest, dividends, or rental property) or if the bank requires one to open an account. You can request an EIN online through the IRS website, by phone, by fax, or by mail using Form SS-4.
The online application is fastest — you can get an EIN the same day. By phone, it takes a few minutes and you receive the number immediately. By mail or fax, it takes one to two weeks. You will need the death certificate, your Social Security number, and the date the person died. The IRS will ask you to identify yourself as the executor or personal representative.
Some banks do not require an EIN and will accept the deceased person's Social Security number temporarily. Others require an EIN before they will open the account. Call your bank and ask which they prefer, then decide whether to get an EIN before your appointment or to bring the death certificate and ask the bank to help you understand what they need.
Opening the account in person versus by mail
Most banks require you to open an estate account in person at a branch, because they need to verify your identity and see the original documents. Bring the death certificate, the Letters Testamentary or Letters of Administration, your government-issued photo ID, and the EIN letter (if you have one). Some banks will make copies and return the originals to you; others will keep copies on file.
A few banks allow you to start the process by mail or online, but they usually still require you to visit a branch or have a notary verify your identity before the account is fully active. Call the bank and ask what their process is. If you live far from a branch, ask whether they can send you the forms to start, or whether a notary's certification of your identity will be accepted in place of an in-person visit.
When you open the account, ask the bank to flag it as an estate account so that all staff know the money is held in trust and cannot be withdrawn by anyone except the person with legal authority. This prevents accidental errors and makes it clear to anyone reviewing the account that it is not a personal account.
Frequently Asked Questions
Can I open an estate account before probate is finished?
Yes, but the bank's requirements vary. Some will open an account once you bring the death certificate and proof of your authority (the court-issued letters). Others will open a temporary account if probate is pending and you bring a letter from the court showing your petition is filed. Call your bank first to learn what they will accept.
What if there is no will and I have not been appointed yet?
You will need to file a petition with the probate court to be appointed as administrator (the title used when there is no will). Once the court appoints you, you receive Letters of Administration, which you bring to the bank. Until then, the bank may not open an account in your name as representative, though they may freeze the deceased person's existing account.
Do I need a lawyer to get the court letters?
No. You can file the petition yourself by going to the probate court clerk's office and asking for the forms. The clerk can walk you through the process. Many people hire a lawyer to handle it, especially if the estate is large or complicated, but it is not required.
What if the bank says they will not open an estate account?
Some smaller banks or credit unions may not offer estate accounts. Ask whether they will convert the deceased person's existing account to an estate account instead. If they will not, you can open an account at a different bank that does offer estate accounts, or ask a lawyer whether you need a court order to force the bank to cooperate.
How many certified copies of the death certificate do I need?
Order at least five to ten copies. You will need them for the bank, the IRS, insurance companies, Social Security, the mortgage lender (if applicable), and creditors. Some institutions ask for certified copies; others accept photocopies. It is cheaper to order extra copies upfront than to request them later.