Short Answer

In North Carolina, you generally must get legal authority before you can force the return of money taken from a decedent’s account. The quickest paths are: (1) open an estate and qualify as Administrator to demand records and recover assets, or (2) if the estate is small and uncontested, use a small-estate affidavit to collect certain accounts after 30 days. If the person won’t return funds, the Administrator can file an estate proceeding before the Clerk to compel delivery or a civil action in Superior Court to recover them.

Understanding the Problem

In North Carolina, you are the surviving spouse of someone who died without a will, and no probate estate is open. You want to know if you can make another heir return money they withdrew from your late husband’s bank account. The decision point is whether you first need to obtain authority to act on behalf of the estate so you can access bank records, demand return, and, if needed, bring a formal recovery proceeding through the Clerk of Superior Court.

Apply the Law

North Carolina law requires someone with authority (an Administrator or, in limited cases, a small-estate affiant or a spouse using summary administration) to collect and protect estate property. The Administrator can investigate bank ownership (sole, joint with survivorship, or POD), demand return of assets that belong to the estate, and bring a court proceeding to compel delivery. If an account was joint with survivorship or had a POD beneficiary, those funds usually pass outside probate; however, the Administrator can still reach them in limited circumstances to pay valid estate claims if estate assets are insufficient.

Key Requirements

• Get authority to act: Qualify as Administrator with the Clerk of Superior Court, or use a small‑estate affidavit if within statutory limits.
• Identify account type: Determine whether the money came from a sole‑owner account (typically estate property) or a joint/POD account (non‑probate unless needed to pay claims).
• Demand and recovery: With authority, request statements and signature cards, make a written demand for return, and, if refused, file an estate proceeding before the Clerk or a civil action in Superior Court to compel delivery.
• Consider spousal protections: The surviving spouse can claim a $60,000 year’s allowance from personal property, which has priority over most claims.
• Small‑estate thresholds and timing: A collection-by‑affidavit may be used after 30 days if personal property is within the statutory caps; disputes favor opening a formal estate.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-15-12 (Actions to recover property of decedent) – Lets a personal representative sue in Superior Court or start an estate proceeding before the Clerk to recover estate property.
• North Carolina Gen. Stat. § 28A-25-1 (Collection of personal property by affidavit) – Allows certain small estates to collect assets by affidavit after 30 days.
• North Carolina Gen. Stat. § 28A-28-1 (Summary administration) – Lets a surviving spouse administer when the spouse is the sole heir, with important liability tradeoffs.
• North Carolina Gen. Stat. § 30-15 (Spousal year’s allowance) – Provides a $60,000 allowance to the surviving spouse from personal property.

Analysis

Apply the Rule to the Facts: Because no estate is open and you lack authority, banks will not release records or funds to you. First, consider whether a small‑estate affidavit could reach the “small” account; if not, or if there is a dispute about withdrawals, apply to become Administrator to gain full authority. As Administrator, you can obtain bank records, identify whether the withdrawal came from a sole or joint/POD account, make a demand for return, and, if necessary, file an estate proceeding or Superior Court action to compel repayment.

Process & Timing

1. Who files: Surviving spouse or another eligible heir to serve as Administrator. Where: Clerk of Superior Court in the county where your husband was domiciled. What: Application for Letters of Administration (AOC‑E‑202); if the estate is small and uncontested, consider Affidavit for Collection of Personal Property (AOC‑E‑203B) after 30 days, or summary administration if you are the sole heir (AOC‑E‑906). When: File as soon as you have the death certificate; small‑estate affidavits require a 30‑day wait.
2. After you receive Letters, request bank statements and signature cards, send a written demand to the heir for return, and if refused, file: (a) an estate proceeding before the Clerk under § 28A‑15‑12 to examine the person and seek an order to deliver funds; or (b) a civil action in Superior Court under § 28A‑15‑12 for recovery and, if needed, a temporary restraining order to preserve funds. Timing varies by county; emergency court relief can be faster.
3. Deposit recovered funds into the estate account, pay the spousal year’s allowance and valid claims in order, then distribute any remainder under the Intestate Succession Act and close the estate with a final account.

Exceptions & Pitfalls

• Joint/POD accounts usually pass outside probate; the Administrator may still reach them only if estate assets are insufficient to pay valid claims.
• Summary administration is available only if you are the sole heir; it also makes you personally liable (to the extent of assets received) for taxes and valid claims—often not ideal in a contested recovery.
• Small‑estate affidavits have dollar caps and limited tools; if a bank or person refuses to comply or there’s a dispute, open a full estate instead.
• Gather evidence early: bank statements, signature cards, beneficiary designations, and any power‑of‑attorney documents to evaluate potential misuse.
• To freeze or trace funds quickly, use a Superior Court action where injunctions are available; estate proceedings before the Clerk do not provide the same provisional remedies.

Talk to a Probate Attorney

If you need to recover funds another heir withdrew or to unlock frozen accounts, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to discuss the best path forward.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.