Short Answer

Yes, with limits. In North Carolina, once you are appointed by the Clerk of Superior Court and issued Letters, you can request the decedent’s bank records, investigate assets, and use estate proceedings to examine anyone believed to hold estate property. Most joint bank accounts with a right of survivorship pass directly to the surviving spouse and do not become probate assets, but a personal representative can obtain statements and, in limited cases, seek recovery to pay estate debts. If a will is being hidden, the Clerk can compel its production, and an agent under a power of attorney can be ordered to account for transactions.

Understanding the Problem

You want to know if, in North Carolina, you can use probate to get bank statements and other financial records after your father’s death, where most assets were held jointly with your surviving parent, and a sibling is withholding information. You are considering asking the Clerk of Superior Court to appoint you so you can access records and investigate possible misuse of funds.

Apply the Law

In North Carolina, the Clerk of Superior Court oversees estates. After death, a personal representative (executor or administrator) can be appointed and issued “Letters,” which grant legal authority to collect information and assets, protect the estate, and pursue records. A personal representative may file an estate proceeding to examine persons reasonably believed to hold estate property and can use subpoenas for records. Joint bank accounts with a right of survivorship usually pass outside probate to the surviving owner; however, statements can be obtained and, in limited circumstances, funds may be pursued to satisfy estate debts. If someone is hiding a will, the Clerk can compel production. Separate from probate, the court can order an agent under a power of attorney to account for transactions.

Key Requirements

• Appointment and Letters: Apply with the Clerk of Superior Court; when Letters issue, you can request the decedent’s financial records and safeguard assets.
• Discovery of assets: File an estate proceeding to examine people or institutions believed to have estate property; subpoenas can compel records.
• Joint accounts rule: Funds in true survivorship accounts pass to the surviving owner and do not enter probate, but statements are obtainable and recovery may be possible to pay valid estate claims.
• Hidden will: If someone in North Carolina has the will, the Clerk can order them to produce it or state where it is.
• Power of attorney oversight: The court can order an agent to provide a detailed accounting of transactions and can limit or suspend the agent’s authority where appropriate.

What the Statutes Say

• N.C. Gen. Stat. § 28A-15-12 (Actions to recover property; examination) – Lets a personal representative seek recovery of estate property and examine persons believed to hold it.
• N.C. Gen. Stat. § 28A-2A-4 (Compel production of a will) – Authorizes the Clerk to summon a person to produce a decedent’s will.
• N.C. Gen. Stat. § 32C-1-116 (Judicial relief re: powers of attorney) – Allows petitions to compel an agent’s accounting and to address an agent’s authority.
• N.C. Gen. Stat. § 28A-15-10 (Nonprobate transfers and claims) – Permits limited recovery from certain nonprobate assets to pay estate claims.

Analysis

Apply the Rule to the Facts: Your father’s death in North Carolina triggers the Clerk’s probate jurisdiction. If you are appointed and issued Letters, you can request his account statements and use an estate proceeding to examine your sibling and the banks. Because most assets were jointly titled with your surviving parent, the funds likely passed to your parent outside probate; you can still obtain statements and, if needed, pursue those funds to pay valid estate debts. If a will exists but is concealed or destroyed, you can ask the Clerk to compel production; for your sibling’s conduct as agent over your surviving parent, you can file a separate petition to compel an accounting.

Process & Timing

1. Who files: An interested heir or devisee. Where: Clerk of Superior Court in the North Carolina county of the decedent’s domicile. What: Application for Probate and Letters (AOC‑E‑201); if the will was executed in another state, include the Out‑of‑State Will Addendum (AOC‑E‑309). After qualification, the Clerk issues Letters (AOC‑E‑403). For a hidden will, file a verified application to compel production. When: If a named executor does not act within 60 days, an interested person may apply.
2. After Letters issue, request bank records and file an estate proceeding to discover assets if needed. Serve an Estate Proceeding Summons (AOC‑E‑102) and use subpoenas for records; hearing dates vary by county, often set within weeks.
3. For agent conduct over the surviving spouse’s finances, file a separate petition under the power‑of‑attorney statute to compel an accounting; the Clerk can order production of detailed records. Expected outcomes include court orders compelling production or delivery of property, and, if warranted, further relief.

Exceptions & Pitfalls

• Joint accounts with survivorship are not probate assets; expect access to statements, not automatic control of funds, unless needed to pay estate debts.
• A power of attorney ends at death; to review an agent’s transactions for the surviving spouse, use a power‑of‑attorney petition rather than the decedent’s estate file.
• Serve estate proceeding petitions properly with the Estate Proceeding Summons and follow local Clerk requirements; incomplete service can delay relief.
• If a will is missing, act promptly to compel production; delays can make proving a lost or destroyed will more difficult.

Talk to a Probate Attorney

If you’re dealing with a parent’s death, joint accounts, and missing financial information, 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.