How can I get a bank’s signature cards, account statements, and any 1099 tax forms for a deceased person’s accounts to use in probate? – North Carolina

Short Answer

In North Carolina, the usual way to obtain a deceased person’s bank signature cards, account statements, and year-end tax reporting (such as 1099s) is for the court-appointed personal representative to make a written request to the bank and provide certified proof of authority (Letters Testamentary or Letters of Administration) and a certified death certificate. Many banks will not release these records to anyone other than the personal representative, so the request often needs to be signed by the personal representative even if an attorney prepares it. If the bank still does not comply, the personal representative can ask the Clerk of Superior Court to compel production through an estate proceeding designed to discover and recover estate assets.

Understanding the Problem

In North Carolina probate, the common decision point is whether the personal representative has provided the bank with the documents the bank requires to release the deceased person’s pre-death account records (such as signature cards, statements, and tax reporting forms). The actor is the personal representative, acting under authority granted by the Clerk of Superior Court after qualification. The action is a records request directed to the financial institution for the decedent’s prior accounts, often needed to identify ownership, confirm payable-on-death or joint account features, and support the estate inventory and accounting.

Apply the Law

North Carolina practice generally treats bank records for a decedent as information the personal representative can request as part of collecting and identifying estate assets. In day-to-day administration, banks typically require (1) proof of death and (2) proof that the requesting person has been appointed by the Clerk of Superior Court to act for the estate. If a bank will not voluntarily provide records, North Carolina law allows a personal representative to bring a proceeding before the Clerk of Superior Court to examine a person or entity reasonably believed to have estate property (which can include account records needed to locate, value, or recover estate assets). That proceeding is filed with the estate file and can be handled as a contested estate proceeding, with civil-procedure tools available when the clerk allows.

Key Requirements

Proper authority: The request should come from the qualified personal representative (executor or administrator) and usually must include certified Letters Testamentary/Letters of Administration showing current authority.
Specific, record-focused request: The bank should receive enough detail to locate records (account numbers if known, date ranges, and the specific items requested such as both sides of signature cards, statements, and any forms reporting interest/dividends).
Escalation path if the bank will not comply: When informal requests stall, the personal representative can use an estate proceeding before the Clerk of Superior Court to compel examination/production from a person or entity reasonably believed to possess estate property or information tied to estate property.

What the Statutes Say

N.C. Gen. Stat. § 28A-15-12 (Discovery of assets / examination proceeding) – permits a personal representative to start an estate proceeding to examine persons believed to have estate property and seek recovery.
N.C. Gen. Stat. § 28A-2-6 (Estate proceedings before the clerk) – covers contested estate proceedings before the Clerk of Superior Court and when civil-procedure rules may apply.

Analysis

Apply the Rule to the Facts: The estate is in administration and a request has been made to a financial institution for the decedent’s signature cards, account statements, and any tax forms issued to the decedent, with the bank reporting the request is in “final review.” Because the request concerns the decedent’s pre-death accounts (not an estate account), banks commonly require the request to be tied directly to the personal representative’s authority, and many will release records only to the personal representative (or to counsel if the personal representative provides written authorization to release information to counsel). If the bank’s internal review continues without production, the next step is usually a clerk-filed estate proceeding to compel production or examination relating to estate property.

Process & Timing

Who files: The personal representative. Where: With the Clerk of Superior Court in the county where the estate is pending. What: First, a written bank records request signed by the personal representative (often attorney-prepared) with certified Letters and a certified death certificate; if needed, a verified petition in the estate file seeking examination/production as a contested estate proceeding. When: As soon as the personal representative qualifies and needs the records to complete inventory/asset identification or to resolve account ownership questions.
Next step: If the bank says it will only communicate with the personal representative, the personal representative can submit the request directly and separately sign any bank-specific authorization forms; counsel can be copied if the personal representative authorizes release to counsel. Banks’ “standard turnaround times” vary, so follow-up typically includes confirming the bank has certified Letters (not photocopies, if the bank insists), confirming the requested date ranges, and confirming the correct department (estate/decedent services) has the file.
Final step: If voluntary production does not happen, the personal representative can pursue an estate proceeding before the clerk to require examination and/or production related to property believed to belong to the estate, and the clerk can address procedure and, when appropriate, allow civil-procedure mechanisms in that estate proceeding.

Exceptions & Pitfalls

Bank policy limiting disclosure: Some financial institutions will not release account information to anyone other than the personal representative. In that situation, the personal representative’s signature on the request (and any bank authorization) often matters as much as the attorney letterhead.
Request is not specific enough: Requests that do not include account numbers (if known), date ranges, and a clear list of documents (both sides of signature cards, statements, and year-end interest reporting) can trigger delays or partial production.
Confusing “estate account” records with “decedent account” records: A bank may treat pre-death account records as higher sensitivity than an estate account. Clarifying that the request is for the decedent’s prior accounts and tying it to certified Letters can avoid a reset in the bank’s workflow.
Tax form confusion: A 1099 is often available for a calendar year and may be issued after death. If the bank cannot provide it promptly, requesting the “total interest paid or accrued for the calendar year up to date of death” and year-to-date detail on statements can help support probate reporting while the formal tax form is obtained separately through appropriate tax professionals.
Waiting too long to escalate: If the bank’s “final review” stretches on, delaying escalation can crowd the estate’s inventory/accounting schedule and make later corrections harder.

Conclusion

In North Carolina, the practical path to obtain a decedent’s bank signature cards, account statements, and 1099-type records for probate is a written request made by the qualified personal representative, supported by certified Letters Testamentary or Letters of Administration and a certified death certificate, with enough detail for the bank to locate the accounts and records. If the bank will not voluntarily produce the records, the personal representative can file a verified petition with the Clerk of Superior Court to compel examination/production related to estate assets. The next step is to submit (or re-submit) a personal-representative-signed request immediately after qualification.

Talk to a Probate Attorney

If a financial institution is delaying or refusing to release a deceased person’s signature cards, statements, or tax reporting needed for a North Carolina estate, experienced attorneys can help prepare a compliant request package and, if needed, pursue the proper estate proceeding before the Clerk of Superior Court. 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.