How can I get prioryear 1099 tax forms for a deceased person’s retirement or investment accounts when the original institution says the assets were transferred to another custodian? – North Carolina

Short Answer

In North Carolina, the person with legal authority to handle the estate (usually a court-appointed personal representative) can request prior-year 1099s and year-end statements from the current custodian and, in many cases, from the prior custodian that issued the tax forms. The request typically works best when it includes certified Letters Testamentary or Letters of Administration and a certified death certificate, and it clearly identifies the account and tax year. If the institution will not provide records without a court order, North Carolina law offers a process for requesting limited account information needed to administer an estate.

Understanding the Problem

Under North Carolina probate administration, a common problem arises when a decedent held a retirement or investment account and the institution that used to hold the account says the assets moved to a new custodian. The key question is: can the estates authorized decision-maker obtain prior-year 1099 tax forms and related account records even though the account is no longer held at the original institution? The answer usually turns on who has authority to act for the decedents estate and what proof the custodian requires before releasing tax documents.

Apply the Law

North Carolina generally expects the estates authorized fiduciary to gather and document estate-related financial information so the estate can be administered and reported properly. In practice, financial institutions typically require proof of authority (such as certified Letters) before releasing a deceased persons tax documents or account information. If account access involves online platforms or electronically-stored statements, North Carolina also has a statutory framework that allows a personal representative to request certain digital account information when the required documents are provided.

Key Requirements

• Proper legal authority: A court-appointed personal representative (executor/administrator) usually has the cleanest path to request 1099s and statements; in some situations, a small-estate procedure or summary administration order may also work for limited requests.
• Proof and identifiers: Institutions commonly require a certified death certificate, certified Letters, and enough account details (account number, last known statement, or other identifiers) to locate the record.
• Targeted records request: The request should specify the tax year(s) and the exact documents needed (for example, Form 1099-R for retirement distributions, Form 1099-DIV/INT for investment income, and year-end/date-of-death statements to match income and valuation).

What the Statutes Say

• N.C. Gen. Stat.  36F-8 (Disclosure of other digital assets of deceased user) – Allows a personal representative to request certain non-content digital account information by providing a written request, certified death certificate, and certified Letters (and additional items if the custodian requests them).
• N.C. Gen. Stat.  36F-6 (Procedure for disclosing digital assets) – Describes how a custodian may provide access or copies and notes the custodian may charge a reasonable administrative fee and can raise undue-burden issues for broad requests.
• N.C. Gen. Stat.  36F-15 (Fiduciary duty and authority) – Confirms fiduciary duties apply to digital assets and permits access to certain digital assets within the fiduciarys scope and applicable law.

Analysis

Apply the Rule to the Facts: No specific facts were provided. In a typical scenario, once a North Carolina personal representative qualifies and receives certified Letters, the representative can make a written request to the new custodian for reprints of prior-year 1099s and to the former custodian for any 1099s it issued before the transfer. If the records are maintained through an online portal (for example, electronic statements and tax forms), the personal representative can support the request with the documentation described in North Carolinas digital assets statute and keep the request limited to the tax years and documents needed to administer the estate.

Process & Timing

1. Who files: The North Carolina personal representative (executor/administrator) or the personal representatives attorney. Where: First, with each relevant custodians estate or decedent-services department; if a court order is needed, with the Clerk of Superior Court (Estates) in the county where the estate is administered. What: A written request for prior-year tax forms and statements, with certified Letters and a certified death certificate attached; include account identifiers and the tax year(s) requested. When: As soon as qualification occurs and the representative needs the documents for required filings and estate administration tasks.
2. Follow up and narrow the request: If the prior institution states the assets were transferred, request (a) the name/contact for the successor custodian, (b) the transfer date, and (c) a final statement covering the transfer period. If the institution cites privacy policies, resubmit with the certified documents, ask for a supervisor in the estates unit, and request a written list of exactly what it requires.
3. Escalate if necessary: If the custodian refuses without court involvement, consider a targeted request for an order directing disclosure of limited account information needed for estate administration, especially when the account records are electronically stored and the statute contemplates written requests backed by certified documents.

Exceptions & Pitfalls

• Wrong authority document: A power of attorney usually ends at death, so institutions often will not accept it for post-death tax forms. Certified Letters (or another court-recognized authority document) typically resolves this issue.
• Beneficiary-designated accounts: Even if an account passed outside probate to a named beneficiary, a custodian may still have issued a 1099 in the decedents name for the year of death. Getting the correct party to request the form (estate fiduciary vs. beneficiary vs. trustee) can matter.
• Requests that are too broad: Very broad demands can trigger undue-burden objections or delays. A narrower request by tax year and document type (for example, only 1099-R for 2023 and 2024 plus year-end statements) often gets faster results.
• Missing identifiers: If the account number is unknown, include prior addresses, approximate account title, and any old statement pages. Custodians often need enough data to locate the account in legacy systems.

Conclusion

In North Carolina, prior-year 1099s for a deceased persons retirement or investment accounts are usually obtained by the court-appointed personal representative through a written, targeted request to the current custodian (and sometimes the former custodian), supported by certified Letters and a certified death certificate. If the records are maintained electronically, North Carolina law provides a framework for requesting limited digital account information needed to administer the estate. The next step is to send the written request with certified documents as soon as the personal representative qualifies.

Talk to a Probate Attorney

If a financial institution will not release prior-year 1099s or statements after an account transfer, a probate attorney can help identify the correct party to request records, prepare a compliant written demand, and pursue a court order when needed. 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.