Do I need to inventory a joint bank account during probate and how do I obtain the signature card? – North Carolina

Short Answer

In North Carolina, a joint bank account may or may not be a probate asset, but the personal representative often still needs to list it on the estate inventory and provide documentation showing whether it passes by right of survivorship. Many Clerks of Superior Court require a copy of the account’s signature card (or similar account-opening record) to confirm the type of joint ownership. The signature card is usually obtained by presenting certified Letters Testamentary/Letters of Administration and a written request to the financial institution, and then filing the copy with the probate paperwork if the clerk requires it.

Understanding the Problem

In North Carolina probate, the personal representative must decide whether a joint bank account must be reported on the estate inventory and what proof is needed to show how the account was titled at death. The key issue is whether the joint account had a valid right of survivorship so the funds pass to the surviving account holder, or whether some portion is treated as part of the estate for administration purposes. When the Clerk of Superior Court requests a signature card, the focus becomes how to obtain the bank’s account-opening record in a form that satisfies the estate filing requirements.

Apply the Law

North Carolina recognizes several kinds of joint deposit accounts. The label “joint” alone does not always answer whether the funds pass automatically to the survivor or whether the estate has a reportable interest. For many joint accounts, the controlling question is what the account contract says and whether there is a signed writing establishing survivorship. If survivorship applies, the survivor generally becomes owner at death, but North Carolina law can still give the personal representative limited collection rights in certain circumstances and can subject a portion of the funds to specific estate-related claims, depending on the type of joint account.

Key Requirements

• Identify the account type and survivorship terms: The inventory treatment depends on whether the account is a survivorship account and which statute/contract terms govern it.
• Document the ownership with bank records: Clerks commonly ask for a signature card or similar evidence to prove the survivorship election and who signed.
• Report consistently with clerk expectations: Even when an account passes outside probate, the clerk may still require it to be listed (sometimes with a note that it is “joint with survivorship”) and supported with documentation.

What the Statutes Say

• N.C. Gen. Stat. § 41-2.1 (Right of survivorship in bank deposits) – Allows a survivorship bank account when all parties sign a written survivorship agreement (often on the signature card) and describes how certain claims can reach a portion of the balance.
• N.C. Gen. Stat. § 54C-165 (Joint accounts at savings banks) – Treats joint accounts based on the contract terms and provides that survivorship accounts generally belong to the survivor at death, subject to limited collection rights recognized by law.

Analysis

Apply the Rule to the Facts: The personal representative needs to inventory a joint bank account and file a signature card with the estate paperwork, which suggests the Clerk of Superior Court wants proof of whether the account had a right of survivorship and who signed the account agreement. If the signature card shows a valid survivorship election consistent with North Carolina requirements, the account may pass to the surviving joint owner, but the estate file may still need the account listed and documented to show why the funds are not being administered as a typical probate asset. If the signature card is missing, incomplete, or does not clearly create survivorship, some clerks require the account (or a portion of it) to be treated as an estate asset unless and until the ownership issue gets resolved.

Process & Timing

1. Who files: The personal representative (executor/administrator). Where: The Estates Division of the Clerk of Superior Court in the county where the estate is administered in North Carolina. What: The required estate inventory form and supporting documentation the clerk requests (often including account statements and a copy of the signature card or deposit agreement page showing survivorship). When: Many estates must file the inventory within a set period after qualification; common practice is within 3 months after qualification, but local practice can vary and the clerk’s office should confirm the deadline used in that county.
2. Request the signature card from the bank as soon as Letters are issued. Many institutions will not release account-opening documents until they see certified Letters and proof of authority, and processing can take days to weeks depending on the institution’s records system.
3. File the inventory (and any required attachments) and address any clerk follow-up requests. If the clerk questions survivorship, the personal representative may need to supplement the file with additional bank documentation or a written explanation of why the account is not fully administered through the estate.

Exceptions & Pitfalls

• Not all “joint” accounts are the same: Some are created under a survivorship statute with a signed survivorship agreement; others depend on the deposit contract; and some may not clearly provide survivorship at all.
• Missing or unsigned signature card: If the bank cannot produce a signature card (or if all parties did not sign where required), the clerk may treat the ownership as unclear and require additional proof or more conservative reporting.
• Bank record terminology varies: Some institutions no longer use a traditional “signature card” and instead have an electronic account agreement, account profile, or deposit contract. Clerks often accept functionally equivalent documents, but it helps to ask the clerk what formats are acceptable.
• Assuming “outside probate” means “no reporting”: Even when an account passes to a survivor, the estate file may still need enough documentation to show why the personal representative is not collecting and administering the funds.

Conclusion

In North Carolina, a joint bank account is not always a probate asset, but it often must be reported on the estate inventory with documentation showing whether it passes by right of survivorship. Clerks commonly ask for a signature card or comparable account-opening record to confirm the survivorship election and who signed it. The practical next step is to request the signature card from the financial institution using certified Letters and file the inventory with the Clerk of Superior Court by the applicable inventory deadline (often within three months of qualification).

Talk to a Probate Attorney

If a personal representative is being asked to inventory a joint bank account and produce a signature card for probate filings, our firm has experienced attorneys who can help clarify what must be reported, what documentation the Clerk of Superior Court is likely to require, and how to request records from the bank without delaying the inventory deadline. 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.