Sep22025
Probate Q&A Series

How do I request bank records to confirm what was in the decedent’s account at death? – North Carolina

Short Answer

In North Carolina, the court-appointed administrator can request a decedent’s bank records by sending each bank a written request with certified Letters of Administration and the death certificate, asking for the date‑of‑death balance, accrued interest, and the account’s ownership (e.g., sole, joint, or POD). If a bank will not cooperate, you may open an estate proceeding before the Clerk of Superior Court and use a subpoena to compel the records. File your inventory within three months; if no probate assets exist, a zero‑dollar inventory is acceptable.

Understanding the Problem

In North Carolina probate, how can an administrator get bank records to prove what was in the decedent’s account on the date of death so the court inventory can be filed on time? Here, the estate was opened mainly to pursue a wrongful death claim, and you believe there may be little or no probate property.

Apply the Law

Once appointed, an administrator has authority to identify, collect, and verify estate assets, including asking banks for account information tied to the decedent. Banks typically provide records when they receive certified Letters and a death certificate. If a bank refuses or delays, the administrator can ask the Clerk of Superior Court to open an estate proceeding and issue subpoenas for the documents. An inventory is due within three months of qualification; when no probate assets exist, a zero‑dollar inventory may be filed, with a supplemental inventory later if something new is discovered. Wrongful death proceeds are not probate assets and are not listed on the inventory.

Key Requirements

  • Authority and standing: You must be the qualified administrator (with current Letters) to request account data and records.
  • Direct bank request first: Send a written request with your Letters and the death certificate asking for the date‑of‑death balance, accrued interest, recent statements around death, and the account’s titling/signature card.
  • Compel if needed: If a bank will not cooperate, file an estate proceeding before the Clerk and use a Rule 45 subpoena to require production; the Clerk can also order delivery of estate property.
  • Inventory duty and timing: File the inventory within three months of qualification; if nothing is probate property, file a zero‑dollar inventory and supplement if assets are later found.
  • Wrongful death context: Wrongful death proceeds are not probate assets and do not go on the inventory; if that is the only asset, notice to creditors is not required.

What the Statutes Say

Analysis

Apply the Rule to the Facts: As administrator, you can write each bank where the decedent may have held funds and enclose your Letters and the death certificate, asking for the date‑of‑death balance, accrued interest, recent statements, and the signature card. Because the estate appears asset‑poor and was opened to pursue wrongful death, the records will help you file a zero‑dollar inventory if no probate funds existed. If the caregiver withdrew funds before death, bank statements and the account’s ownership form will clarify whether those funds were probate assets and whether further action is needed.

Process & Timing

  1. Who files: Administrator. Where: Start with direct requests to each bank; if necessary, proceed in the Clerk of Superior Court where the estate is pending. What: Written bank request enclosing certified Letters of Administration and the death certificate; ask for the date‑of‑death balance, accrued interest, recent statements, and the signature card. For compulsion, file a verified petition to open an estate proceeding and issue a subpoena for records. When: Send requests immediately after qualification; the inventory is due within three months of qualification.
  2. If a bank will not cooperate, file the estate proceeding, have the Clerk issue an Estate Proceeding Summons, serve the bank, and issue a Rule 45 subpoena duces tecum with a reasonable return date; hearings are scheduled by the Clerk and timing varies by county.
  3. Use the responses to file your zero‑dollar inventory (if appropriate). Later‑discovered assets go on a supplemental inventory. Separately, amend your application or file a sworn update to add the decedent’s child as an heir and note the pending wrongful death action; obtain and retain certified adoption orders to document exclusion of adopted‑out former children as heirs.

Exceptions & Pitfalls

  • Joint or POD accounts: Survivorship or payable‑on‑death designations often pass outside probate. Still request the date‑of‑death balance and signature card to confirm titling and whether any portion is an estate asset.
  • Bank privacy: Many banks will only release information to the administrator shown on certified Letters. Include those and the death certificate with every request.
  • Wrongful death proceeds: Do not list them on the inventory. If the wrongful death claim is the only asset, publication of creditor notice is not required.
  • Heirship updates: Adoption usually severs inheritance from biological parents (with narrow exceptions). Verify adoption orders to avoid naming non‑heirs.
  • Service/subpoena issues: When compelling records, follow Rule 4 service for the estate proceeding and Rule 45 for subpoenas; out‑of‑state banks may require additional service steps.

Conclusion

To confirm a decedent’s bank balance at death in North Carolina, the administrator should send written requests to each bank with certified Letters and the death certificate asking for the date‑of‑death balance, accrued interest, recent statements, and the signature card. If a bank will not cooperate, open an estate proceeding before the Clerk and use a subpoena to compel records. File your inventory within three months; if no probate assets exist, file a zero‑dollar inventory and supplement if anything later turns up.

Talk to a Probate Attorney

If you need bank records to finalize an inventory or confirm whether any probate assets exist, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.