What should I do to get an EIN for my daughter's retirement account?

Full question:

My daughter died without making a will and now I have to get an EIN # in order to receive her retirement savings account? Since I would prefer not to set up an estate, what do I have to do?

  • Category: Wills and Estates
  • Subcategory: Small Estates Affidavit Law
  • Date:
  • State: Pennsylvania

Answer:

You may need to open an estate through the probate court to transfer ownership of your daughter's property. However, in Pennsylvania, you might have a shortcut available through a "small estate affidavit" statute. This option allows you to avoid opening a full estate, but it only works under certain conditions. It’s advisable to consult a local attorney to determine the best course of action based on your specific situation. If cost is a concern, consider asking the lawyer for a flat fee for their services instead of hourly billing. You can also compare fees from different lawyers to find the best option.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

An executor needs an EIN (Employer Identification Number) to manage the deceased person's estate, including filing tax returns and opening an estate bank account. The EIN serves as a unique identifier for the estate, similar to how a Social Security number identifies an individual. It is required for any estate that generates income or needs to file a tax return. Without it, the executor cannot properly handle financial matters related to the estate.