Short Answer

In North Carolina, a personal representative has legal authority to collect the decedent’s personal property, and companies may ask for reasonable internal forms to verify and process that authority. Complete the extra form (for example, an authorization questionnaire), send certified Letters and a death certificate, and keep a clear paper trail. If the company still refuses or delays unreasonably, you can file an estate proceeding with the Clerk of Superior Court to compel delivery of the asset or bring a civil action in superior court.

Understanding the Problem

In North Carolina, you are serving as the executor and need to access a financial account. After you sent the death certificate and Letters Testamentary, the company asked you to also complete its authorization questionnaire. You want to know whether you must provide the additional form and what to do if the company stalls after you fax everything for review.

Apply the Law

North Carolina law vests the personal representative with the right to possess and collect the decedent’s personal property. Financial institutions can require reasonable, standardized documentation to verify authority and prevent fraud (for example, certified Letters, proof of identity, and company forms). If a holder of the property refuses to honor properly issued Letters after you provide requested information, you may seek relief through an estate proceeding before the Clerk of Superior Court to examine the holder and obtain an order for delivery, or you may file a civil action in superior court.

Key Requirements

• Show authority and identity: Provide certified Letters (recently issued copies), a certified death certificate, and government photo ID.
• Complete reasonable institution forms: Authorization questionnaires, affidavits of domicile, indemnity forms, or signature guarantees (often needed for brokerage/securities) may be required.
• Keep a paper trail: Use a cover letter, list enclosures, request written confirmation, and retain fax/email confirmations.
• Escalate if refused or delayed: If the company won’t release or transfer the asset after you comply, file a verified petition in the estate proceeding to examine and compel delivery.
• Choose the right forum if urgency exists: Use a civil action if you need injunctions or other remedies to preserve funds quickly.

What the Statutes Say

• N.C. Gen. Stat. § 28A-15-2 (Title to personalty) – Personal property vests in the personal representative upon qualification.
• N.C. Gen. Stat. § 28A-13-3 (Powers of personal representative) – Lists core powers to take possession, control, and manage estate assets.
• N.C. Gen. Stat. § 28A-15-12 (Recover property of decedent) – Authorizes a civil action (a1) and an estate proceeding (b1) to examine holders and order recovery; orders are enforceable by contempt.
• N.C. Gen. Stat. § 28A-2-6 (Estate proceedings; procedure) – Sets procedures for contested estate proceedings and potential transfer to superior court.

Analysis

Apply the Rule to the Facts: You already have Letters Testamentary, a death certificate, and ID. Completing the company’s authorization questionnaire is a reasonable step to verify your authority and tailor the release to that institution’s process. Fax the full packet with a cover letter and request written confirmation. If, after providing these items and a reasonable follow-up window, the company still refuses or delays, you can petition the Clerk in the estate file to examine the holder and seek an order directing delivery.

Process & Timing

1. Who files: Personal representative. Where: Clerk of Superior Court in the county where the estate is administered (North Carolina). What: Verified petition in the estate proceeding to examine the holder and recover estate property (no pre-printed AOC form). When: After you have submitted the requested documents and the company fails to act within a reasonable follow-up period.
2. The Clerk issues process and sets a hearing. Expect several weeks from filing to hearing, though timing varies by county. Be prepared with your Letters (recent certified copy), correspondence log, and the company’s requests and your responses.
3. If the Clerk finds the asset belongs to the estate and is being held, the Clerk may order delivery to you. Noncompliance can be enforced by civil contempt. If urgent preservation is needed (for example, to freeze dissipating funds), consider a civil action in superior court to seek injunctive relief.

Exceptions & Pitfalls

• Securities often require an affidavit of domicile and a medallion signature guarantee; brokers and transfer agents may insist on Letters issued within 60 days.
• Do not send your only original documents; use certified copies. Track transmissions and get written confirmation of receipt.
• Some assets pass outside probate (e.g., certain joint or beneficiary-designated accounts). Even then, limited recovery may be possible only for paying valid estate claims.
• In the estate proceeding, the petition must be verified and properly served. Failure to follow service rules or to include specific property details can delay relief.

Talk to a Probate Attorney

If you’re dealing with a financial institution that keeps asking for more paperwork or won’t release an estate asset, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

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.