EIN application for estate - which deceased to list

[Strongsilence-CPA]

The application for an EIN on irs.gov asks for the name of a deceased person.  In my case, both spouses passed in 2023.  I was expecting that there would be a space to enter two deceased people in the application. Who should be listed - the first or second to pass?  I think the 2nd to die creates the estate so isn't that the person to enter?  Does it matter?

[sjrcpa]

Each decedent has an estate. Each estate probably needs an EIN.

No such thing as a joint estate.

[BobKamman]

Did the first to die own any property that was not in joint tenancy with the survivor?  If not, it's only the second to die who will need an EIN.  

[Strongsilence-CPA]

I appreciate the conflicting answers as I get a chance to dig deeper!  <not sarcasm>

[Strongsilence-CPA]

An additional fact is that in California, a community property state, each spouse is considered to get 1/2 interest in the community property.  

The attorney in this matter said there is one estate. So I will rely on them. (I haven't found the answer quickly to corroborate them and I'm not going to read the probate code.)

[BobKamman · Accepted solution]

Not every estate needs an EIN, and I'm always concerned that applying for one will eventually lead to IRS asking why returns weren't filed.  If the answer is, "there was no income, there were no employees and we didn't need to open a bank account," that's just a waste of time.  

So before applying, have a reason for doing so.  

[Strongsilence-CPA]

My reasons are to claim the refunds and because the attorney advised filing so as to close the estate without loses ends.

In my opinion, Bob's answer shows awareness and appreciation for the law and the theory of estates. Then it considers the practical aspects for practitioners. High marks to Bob and thank you.