The documents a bank will ask for when you open an estate account
When you open a checking account in the name of an estate, the bank needs proof that you have legal authority to manage the money. That proof comes in the form of a court document — usually the Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). Without one of these, the bank will not open the account, because the bank has no way to know you are not straightforward taking money that belongs to someone else.
The specific documents vary slightly by state and by whether the estate goes through probate court. But the core requirement is always the same: you need a certified copy of the court order that names you as executor or administrator, plus a government-issued ID, and usually the deceased person's death certificate.
Some banks also ask for an Employer Identification Number (EIN) for the estate, which you get from the IRS. This is not always required at the moment you open the account, but you will need it eventually to file estate tax returns, so getting it early saves a step later.
Key Takeaways
- You must bring a certified copy of Letters Testamentary or Letters of Administration — the court document that proves you have authority to manage the estate.
- The bank will also ask for your government-issued ID, the deceased person's death certificate, and often an EIN for the estate from the IRS.
- If the estate is small enough to avoid probate in your state, you may use a different process (like a small estate affidavit) and will need different paperwork.
- Some banks have a separate form for estate accounts that asks you to confirm the account is held in a fiduciary capacity, not for personal use.
Letters Testamentary or Letters of Administration — what they are and how to get them
Letters Testamentary is the court's written permission for you to act as executor. It names you by name, states that you have the authority to manage the estate's assets, and is signed by a judge or court clerk. You get this document from the probate court after you file the will and the court approves your appointment. The process usually takes a few weeks to a few months, depending on the state and whether anyone contests the will.
Letters of Administration serves the same purpose when there is no will. The court appoints you as administrator (the legal term for executor when there is no will), and you receive the same type of court document. The process is similar, though it may take longer because the court has to follow state law about who inherits when there is no will.
You need a certified copy of whichever document applies. A certified copy has the court's seal and signature on it, which proves it is a true copy of the original. The bank will not accept a photocopy or a copy you made yourself. You can get certified copies from the probate court clerk's office — usually for a small fee per copy. Order at least two or three, because you will need them for the bank, the IRS, and possibly other institutions.
The death certificate and your government ID
The bank will ask for a certified copy of the death certificate. This is not the same as the one you may have received from the funeral home — that copy is usually not certified. You can order certified copies from the vital records office in the county where the person died. Most states allow you to order them online or by mail, and they arrive within one to two weeks. Order several copies at once, because you will need them for the bank, insurance companies, and the Social Security Administration.
You will also need to bring your own government-issued ID — a driver's license, passport, or state ID card. The bank uses this to verify your identity as the person named in the Letters Testamentary or Letters of Administration.
The Employer Identification Number (EIN) for the estate
An EIN is a nine-digit number the IRS assigns to identify a business, trust, or estate for tax purposes. You do not need an EIN to open the account, but you will need one to file the estate's tax return (Form 1041), and you will need it when you close the account and distribute money to heirs. Getting it early means you can put it on the account from the start, which makes record-keeping cleaner.
You explore for an EIN online through the IRS website (irs.gov), and you usually get the number when ready. You will need the estate's tax identification number (which is the deceased person's Social Security number for most small estates), the date of death, and your own Social Security number. The process takes about ten minutes, and the IRS will email you a confirmation letter.
Some banks will ask for the EIN when you open the account. If you do not have it yet, you can usually open the account and add the EIN later, but confirm this with your bank before you go in.
Estate accounts in states that skip probate court
Some states allow small estates to avoid probate entirely. Instead of going to court, you use a small estate affidavit or succession affidavit — a sworn statement that you file with the court (or sometimes just keep on file) to prove the estate is small enough to bypass the full probate process. The threshold varies by state, from $5,000 to $100,000 or more.
If you are using a small estate process, you will not have Letters Testamentary or Letters of Administration. Instead, you will bring the affidavit, the death certificate, and your ID to the bank. Some banks are familiar with this process and will open an account; others may hesitate because the affidavit is not as formal as a court order. If your bank refuses, you may need to go through probate court anyway, or use a different bank that accepts small estate affidavits.
Check your state's probate court website or call the court clerk to find out whether your estate qualifies for a small estate process and what paperwork you need.
What the bank will ask you to sign
When you open the account, the bank will give you a signature card and a resolution or certification form. The signature card is standard — it shows the bank what your signature looks like. The resolution or certification form is specific to estate accounts. It states that you are opening the account in a fiduciary capacity (meaning you are managing money for someone else, not for yourself) and that you have the legal authority to do so.
The bank may also ask you to sign a form confirming that you have read and understood the account terms, that you will keep the bank informed of any changes to the estate's status, and that you will close the account once the estate is settled. Read these forms carefully, because they set out the bank's rules for how you can use the account.
Documents to bring: a checklist
| Document | What it is | Where to get it |
|---|---|---|
| Letters Testamentary or Letters of Administration (certified copy) | Court order naming you as executor or administrator | Probate court clerk's office |
| Death certificate (certified copy) | Official record of death | Vital records office in the county where the person died |
| Your government-issued ID | Driver's license, passport, or state ID | You already have this |
| EIN confirmation letter (optional at opening) | IRS assignment of tax ID for the estate | IRS website (irs.gov) — you explore online |
| Small estate affidavit (if applicable) | Sworn statement for estates that skip probate | Probate court or attorney |
Frequently Asked Questions
Can I open an estate account before the will goes through probate court?
No. The bank will not open the account without Letters Testamentary or Letters of Administration, which you only get after the court approves your appointment. If you need to access the deceased person's money before that, you may be able to ask the court for an emergency order, but this is rare and requires a lawyer.
What if the bank says they do not accept small estate affidavits?
Some banks are unfamiliar with small estate processes and will refuse. Try a different bank, or ask your attorney whether you need to go through full probate court anyway. A few states require probate court even for small estates, so check your state's rules first.
Do I need the EIN before I open the account?
No, but you will need it soon after. You can open the account with just the Letters Testamentary, death certificate, and your ID, then add the EIN once you have it. Confirm with your bank that this is acceptable before you go in.
What if I lost my copy of the Letters Testamentary?
Contact the probate court clerk's office and order another certified copy. There is usually a small fee. Keep multiple copies in a safe place — you will need them for the bank, the IRS, and possibly insurance companies.
Can someone else open the estate account on my behalf?
No. The person named in the Letters Testamentary or Letters of Administration must be present to sign the account paperwork. The bank needs to verify your identity and your signature.