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EIN for Estate: What It Is, When You Need It, and How to Get One in Texas

If you’ve been named the executor or administrator of an estate, you may be wondering: Do I need an EIN for the estate? In most cases, the answer is yes.

An Employer Identification Number (EIN)—also called a Federal Tax Identification Number—is used to identify an estate as a legal entity for tax purposes. Even if the estate won’t be hiring employees, an EIN is typically required to manage finances, open estate accounts, and file federal tax returns.

At The Lange Firm, we guide families and executors across Texas through the probate process, including obtaining EINs and handling tax filings. In this blog, we’ll cover everything you need to know about an EIN for an estate:

• What it is and why it matters

• When it’s required

• How to apply for an EIN

• Common mistakes to avoid

• How The Lange Firm can help simplify the process

What Is an EIN for an Estate?

An EIN (Employer Identification Number) is a nine-digit number issued by the IRS to identify a separate legal entity, such as a business, trust, or estate.

When someone dies, their estate becomes a taxable entity. That means the executor must:

• Report income earned by the estate

• File necessary IRS forms

• Possibly pay estate income taxes

To do any of this, the estate needs an EIN.

Think of it as a Social Security number for the estate—it allows you to open bank accounts, manage investments, and communicate with the IRS.

When Is an EIN for an Estate Required?

You need an EIN for an estate if any of the following apply:

✅ The estate generates income after the date of death
✅ You plan to open an estate checking or investment account
✅ You are filing IRS Form 1041 (U.S. Income Tax Return for Estates and Trusts)
✅ The estate needs to distribute income to beneficiaries
✅ The estate is being administered by a court-appointed representative

❌ You typically do NOT need an EIN if:

• The estate consists solely of assets that pass outside probate (e.g., joint accounts, TOD/POD designations)

• All assets are held in a revocable living trust

• There is no income-producing activity after death

If you’re unsure whether your estate needs an EIN, contact The Lange Firm. We’ll evaluate your estate and help you meet all IRS obligations.

How to Get an EIN for an Estate

Getting an EIN is a free process and can be done online, by mail, or by fax. Here’s how:

🟦 Step 1: Gather Required Information

You’ll need:

• Full legal name of the deceased

• Social Security number of the decedent

• Date of death

• Name and contact information of the executor

• Mailing address for the estate

• Whether the estate expects to file a 1041 tax return

🟦 Step 2: Choose Your Application Method

1. Online (Recommended):
   Visit the IRS EIN Assistant
   Available Monday–Friday, 7 a.m.–10 p.m. EST
   Immediate issuance of EIN

2. By Fax:
   Complete IRS Form SS-4
   Fax to (855) 641-6935

3. By Mail:
   Mail Form SS-4 to:
   Internal Revenue Service
   Attn: EIN Operation
   Cincinnati, OH 45999

🟩 Tip from The Lange Firm:

Use the name of the estate, not your personal name, on the EIN application. For example:

“Estate of John Q. Smith, Deceased”

Opening an Estate Bank Account Using the EIN

Once you receive the EIN, you can use it to:

• Open a checking or savings account in the name of the estate

• Deposit income from rent, dividends, or sales of estate assets

• Pay debts, taxes, and distributions to heirs

Banks will require:

• A certified copy of the death certificate

• Letters Testamentary or Letters of Administration

• The EIN confirmation letter from the IRS

The Lange Firm assists clients in assembling the proper paperwork and coordinating with financial institutions.

What Tax Forms Require the EIN?

If the estate earns more than $600 in income during administration, the executor must file:

• Form 1041 – U.S. Income Tax Return for Estates and Trusts

• Schedule K-1 – Lists income paid to beneficiaries

The EIN is also used on:

• Form 56 – Notice Concerning Fiduciary Relationship

• Form 706 – If the estate exceeds the federal estate tax threshold ($13.61 million in 2025)

Common Mistakes to Avoid When Applying for an EIN for an Estate

❌ Using the wrong name

Use “Estate of [Deceased’s Full Name]” on all IRS and bank documents.

❌ Listing the wrong responsible party

The executor or court-appointed administrator should be listed as the responsible party—not the decedent.

❌ Forgetting to file Form 56

This notifies the IRS that you are managing the estate and will be signing tax documents.

❌ Waiting too long

You’ll need the EIN early in the probate process to handle tax, banking, and asset management duties.

Does a Trust Need an EIN Too?

Sometimes. If the deceased had a revocable living trust, it may become irrevocable at death and require its own EIN—especially if it:

• Continues to earn income

• Distributes income to multiple beneficiaries

• Manages investments or real estate

We discuss this more in our related article:
🔗 [Does a Trust Protect Assets?]

How The Lange Firm Helps With EINs and Estate Administration

We assist executors, trustees, and families with:

• Determining if an EIN is required

• Preparing and submitting IRS Form SS-4

• Opening estate accounts

• Filing 1041 tax returns and K-1s

• Coordinating with CPAs and financial advisors

• Avoiding common mistakes that lead to audits or delays

Our goal is to make estate administration clear, efficient, and legally sound.

Final Thoughts: Do You Need an EIN for an Estate?

In most probate cases, the answer is yes. If the estate collects income, holds investments, or requires a new bank account, you’ll need to obtain an EIN quickly.

📞 Contact The Lange Firm today for trusted legal guidance on probate, estate administration, and tax compliance in Texas. We’ll help you take the right steps from the beginning—so you can avoid costly errors later.