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?
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.)
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.
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