Do you need an EIN to open a Arkansas Miller Trust account?

Arkansas is a departure from most states here. The DCO-9938 form directs the trustee to file an annual fiduciary tax return and to pay any income taxes owed by the trust, so Arkansas's Income Trust is generally set up as a separate taxable entity with its own EIN from the IRS — rather than run on the beneficiary's Social Security number the way grantor-trust states do. Arkansas's written rule does not itself dictate SSN versus EIN, so confirm the exact identifier your bank will place on the account with the branch and your tax preparer; obtaining an EIN from the IRS is free and takes about ten minutes online. Fees for preparing the trust's tax return cannot be paid out of the trust.

Do you need a lawyer to open a Arkansas Miller Trust bank account?

No. Arkansas Department of Human Services does not require legal representation to open the account. If a branch insists, that is a bank-policy stance, not a Medicaid rule — escalate to the bank's trust department or use a community bank or credit union. For advice on your specific situation, consult a Arkansas-licensed elder-law attorney.

AR · Guide Last reviewed 2026-07-10

What to Say at the Bank When Opening a Miller Trust Account in Arkansas

When you open a Miller Trust account in Arkansas, expect the branch to hesitate — most have never opened a Qualified Income Trust account, and many ask for an attorney or a tax ID (EIN) you do not need. You do not need a lawyer to open the account, and a Arkansas QIT is set up using the beneficiary's Social Security number, not an EIN. Below are the 4 refusals Arkansas families hit most often and exactly what to say to each — every response is backed by Arkansas DHS's own published guidance.

Why the bank says no

Opening a Arkansas Miller Trust account is not legally complicated, but it is unfamiliar to most branch staff — they rarely see a Qualified Income Trust, so the default reaction is caution. The fix is almost never arguing; it is handing the branch the right Arkansas DHS document and asking for the right account type. Below are the 4 refusals families hit most often in Arkansas.

Refusal 1

Branch asks for a tax ID (EIN) for the trust

What to say: Unlike most states' Miller trusts, Arkansas's DCO-9938 directs the trustee to file an annual fiduciary tax return for the trust, so a separate EIN is generally appropriate here. The trustee can obtain one from the IRS for free in about ten minutes online, then bring it to the branch. Confirm with the branch and your tax preparer exactly which identifier the account will use; do not put the trust's money into an account under the wrong name.

Bring: AR DCO-9938 Income Trust + PUB-396 Fact Sheet + the trust's IRS EIN letter

Refusal 2

Branch is unsure what kind of account this is

What to say: Per PUB-396 it only has to be a single (not joint) account, titled in the name of the trust, that holds only the applicant's income — kept separate from the account used for living expenses. It can be a brand-new account. Your income may be direct-deposited into it (direct deposit is allowed and is not treated as a disqualifying transfer). Show the branch the fact sheet; the account holds only income and is paid out monthly under the caseworker's DHS-712.

Bring: AR PUB-396 Fact Sheet

Refusal 3

Branch wants the applicant to be the account holder

What to say: That can be fine in Arkansas — DHS's PUB-396 expressly allows the applicant to serve as their own trustee. If the applicant is the trustee, they open and manage the account; PUB-396 recommends naming a successor trustee in case the applicant can no longer serve. A relative, friend, or bank may also serve. Bring the DCO-9938 form when opening the account.

Bring: AR DCO-9938 Income Trust + PUB-396 Fact Sheet

Refusal 4

Branch has never opened an income trust account

What to say: It is a routine separate account holding only the applicant's income and paid out each month under Medicaid's rules on the DHS-712. Ask for a full-service branch or the bank's trust department; community banks and credit unions are often more flexible. Bring the DCO-9938 form and the PUB-396 Fact Sheet.

Bring: AR DCO-9938 Income Trust + PUB-396 Fact Sheet

If the branch still won't open it

Ask for the bank's trust department, or switch to a community bank or credit union — their account opening tends to involve a human review rather than a screen-driven template, so they accommodate unusual account types more readily. The account itself is ordinary: a dedicated checking account titled to the trust, opened with the beneficiary's Social Security number.

Common questions

Do you need an EIN to open a Arkansas Miller Trust account?: Arkansas is a departure from most states here. The DCO-9938 form directs the trustee to file an annual fiduciary tax return and to pay any income taxes owed by the trust, so Arkansas's Income Trust is generally set up as a separate taxable entity with its own EIN from the IRS — rather than run on the beneficiary's Social Security number the way grantor-trust states do. Arkansas's written rule does not itself dictate SSN versus EIN, so confirm the exact identifier your bank will place on the account with the branch and your tax preparer; obtaining an EIN from the IRS is free and takes about ten minutes online. Fees for preparing the trust's tax return cannot be paid out of the trust.
Do you need a lawyer to open a Arkansas Miller Trust bank account?: No. Arkansas Department of Human Services does not require legal representation to open the account. If a branch insists, that is a bank-policy stance, not a Medicaid rule — escalate to the bank's trust department or use a community bank or credit union. For advice on your specific situation, consult a Arkansas-licensed elder-law attorney.