Last verified 2026-08-13; facts checked against the primary sources below
How to open an estate bank account in California
Last verified: August 13, 2026
The short answer: In a formal California probate, wait until the court appoints you and issues Letters, obtain a free EIN for the estate from the IRS, then ask a bank to open an account in the estate's name. Deposit estate money there, not in your personal account, and use it only for documented estate receipts and expenses.
This guide covers a court-appointed personal representative administering a California probate estate. A successor trustee uses a trust account, and a beneficiary collecting a payable-on-death account receives that money personally; neither should relabel those funds as probate-estate money.
Who has authority to open the account?
Being named executor in a will is not enough. California law says a person has no power to administer an estate until the court appoints the person and Letters issue. Before then, a named executor may pay funeral expenses and take necessary steps to maintain and preserve the estate, but does not have general estate-administration power (Probate Code § 8400).
| Your role | What you can open |
|---|---|
| Court-appointed executor or administrator with issued Letters | A probate-estate account, subject to the bank's requirements and any restriction in the court order |
| Person named executor, but Letters have not issued | Not yet a general probate-estate account based only on the will |
| Successor trustee | A trust account under the trust's authority, not a probate-estate account |
| POD beneficiary or surviving joint owner | An account for that person's own funds after the institution completes the transfer, not an estate account |
California Courts describes the personal representative as the person the judge appoints to manage the deceased person's assets and liabilities (formal probate overview). If you are still deciding whether formal probate is required, start with California's probate options.
What do you need before you go to the bank?
Bank document lists vary. Call the institution before the appointment and ask for its current estate-account checklist. At minimum, be ready to establish these facts:
| Item | Why it matters |
|---|---|
| Court-issued Letters Testamentary or Letters of Administration | Shows that your appointment is effective under Probate Code § 8400 |
| Estate EIN confirmation | Identifies the estate for banking and tax reporting; do not use the deceased person's Social Security number for the estate account |
| Your government-issued identification | Lets the bank verify the person acting as fiduciary |
| Certified death certificate | Commonly used by institutions to verify the death; confirm whether this bank requires it |
| Court order and bond-related restrictions, if any | The bank must follow withdrawal restrictions imposed by the court |
| Opening deposit from estate funds | Keeps ownership clear from the first transaction |
Do not assume a photocopy, expired Letters, or a will alone will satisfy the bank. Ask whether the bank requires certified or recently issued court documents.
Opening the estate account and releasing the deceased person's existing account are separate steps. If the deceased banked with Bank of America, follow the Bank of America Estate Services guide to establish authority and release the funds before depositing them into the estate account.
How do you get an EIN for the estate?
- Use the IRS EIN application. The IRS says an estate needs an EIN and that the EIN is free.
- Identify the entity as the deceased person's estate. The responsible party is the executor or other person in charge of the estate, not a nominee.
- Save the EIN confirmation with the estate's permanent records.
- Give the estate EIN to banks and other payers that will report post-death interest or dividends to the estate.
IRS Publication 559 directs a personal representative to obtain an estate EIN and give it to payers reporting income payable to the estate (Publication 559). The IRS says an EIN may be used immediately to open a bank account, although some other tax-system uses can take longer to recognize the number (IRS EIN guidance).
How do you open and title the account?
- Choose an insured California financial institution. Probate Code § 9700 authorizes a personal representative to deposit estate money in an insured account at a financial institution in California (Probate Code §§ 9700–9705).
- Give the bank the Letters, EIN, identification, and whatever current documents it requests. Ask the bank to title the account to the estate and identify you only in your fiduciary capacity.
- Disclose court restrictions. If the court ordered a blocked account or withdrawals only with court authorization, give the bank the order. Section 9703 requires delivery of that order when the deposit is made.
- Order statements and checks that show the estate account. Do not print only your personal name on estate checks.
- Create a ledger before the first payment. Record the date, payer or payee, purpose, amount, category, and supporting document for every transaction.
California law generally requires a personal representative to keep estate cash in interest-bearing accounts or authorized investments, except cash reasonably necessary for orderly administration or when the will provides otherwise (Probate Code §§ 9650–9652). Ask the bank about both checking and interest-bearing options if the estate will hold substantial cash.
What money belongs in the estate account?
| Deposit into the estate account | Keep out of the estate account |
|---|---|
| Proceeds from probate assets sold by the personal representative | Your own money, except a clearly documented advance that your lawyer or accountant says is appropriate |
| Refunds, rents, interest, or other income payable to the estate | POD, transfer-on-death, life-insurance, or retirement proceeds paid directly to a named beneficiary |
| Money collected from the deceased person's solely owned accounts after the bank recognizes the estate's authority | Surviving joint-owner funds that passed outside probate |
| Other amounts made payable to the estate | Trust money controlled by a successor trustee |
Post-death income earned by probate assets belongs to the estate and may create a separate estate income-tax filing requirement. See the final-return and estate-return distinction.
How should you use the account?
- Deposit all probate-estate receipts promptly.
- Pay estate expenses by estate check or another traceable estate-account method.
- Keep the invoice, receipt, claim, or court authority behind each payment.
- Reconcile every statement to the estate ledger.
- Do not distribute money to beneficiaries until debts, taxes, and the court process allow it.
- Do not pay creditors merely in the order they call. California has a statutory priority system; see which estate debts California pays first.
The personal representative must take control of estate property, collect debts due to the estate, pay taxes, and take reasonable steps to manage, protect, and preserve it (Probate Code § 9650). A clean account is the simplest evidence of where the money went.
Frequently asked questions
Can I open the account before Letters issue?
Not under the general authority of a California probate personal representative. Appointment becomes effective when Letters issue. A person named executor has only the narrow pre-appointment authority stated in Probate Code § 8400.
Can I use my Social Security number instead of an estate EIN?
No for an account holding and reporting income payable to the estate. IRS Publication 559 directs the personal representative to obtain an EIN and provide it to payers for estate income.
Must the estate account earn interest?
California generally requires estate cash to be kept in interest-bearing accounts or authorized investments, with exceptions for cash reasonably necessary for orderly administration and contrary terms in the will. Review Probate Code § 9652 and any court order with the estate's lawyer.
Can two co-executors use one account?
The bank and Letters determine the signing arrangement. Give the bank all issued Letters and do not assume one co-representative may act alone.
This is general administrative information, not legal, banking, or tax advice. A probate lawyer or tax professional should review unusual ownership, blocked-account, insolvency, or fiduciary-income questions.
The Estate Desk handles this for California families. theestatedesk.com
Primary sources
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8400.
- https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?article=&chapter=2.&division=7.&lawCode=PROB&part=5.&title=
- https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?article=&chapter=3.&division=7.&lawCode=PROB&part=5.&title=
- https://selfhelp.courts.ca.gov/probate/formal-probate
- https://www.irs.gov/publications/p559
- https://www.irs.gov/businesses/employer-identification-number