Do banks accept a scanned, notarized affidavit by email, or do they require mailing the original document? – North Carolina

Short Answer

In North Carolina, a financial institution may accept a scanned, notarized affidavit by email, but North Carolina law usually does not force the institution to do so. Many banks still require the original “wet-ink” notarized affidavit (or a properly notarized electronic affidavit) because they want to control fraud risk and keep a reliable record. The safest approach is to ask the institution whether it will accept (1) an emailed PDF, (2) an electronic notarization, or (3) only the mailed original, and to follow the bank’s stated documentation process.

Understanding the Problem

In a North Carolina estate administration, a personal representative may be asked by a financial institution to provide an “affidavit of domicile” before the institution will release or transfer a decedent’s account. The question is whether the institution must accept a scanned copy sent by email, or whether the institution can require the original notarized document to be mailed or delivered before the review can proceed. The practical decision point is what form of notarized affidavit the institution will treat as acceptable proof for its internal payout or transfer process.

Apply the Law

North Carolina law recognizes both traditional notarizations on paper and electronic notarizations that meet statutory requirements. But a bank’s internal policy can be stricter than the minimum legal validity standard, especially when the bank is using the affidavit to reduce risk before releasing estate assets. In practice, the personal representative often submits a death certificate, certified letters (testamentary or of administration), and any institution-specific forms (like an affidavit of domicile) requested as a condition to closing or transferring accounts.

Key Requirements

Proper notarization format: The affidavit should be notarized in a way North Carolina law recognizes (either a traditional notarization on paper or a compliant electronic/remote electronic notarization).
Bank-specific documentation conditions: Even when an affidavit is legally valid, the financial institution can require particular delivery methods (original by mail, in-person presentment, or secure upload) as part of its account-release procedures.
Authority to act for the estate: The person signing should match the role the bank expects (commonly the executor/administrator) and the bank will usually want proof of appointment (typically certified letters from the Clerk of Superior Court).

What the Statutes Say

N.C. Gen. Stat. § 10B-134.9 (Remote electronic notarial acts) – Sets requirements and procedures for remote electronic notarizations in North Carolina.
N.C. Gen. Stat. § 10B-117 (Electronic notarial components) – Lists the components an electronic notary must attach or associate with an electronic document.
N.C. Gen. Stat. § 66-321 (Electronic notarization and acknowledgment) – Provides that a legal notarization requirement can be satisfied by an authorized person’s electronic signature attached to the electronic record.

Analysis

Apply the Rule to the Facts: The institution already has the death certificate and probate papers and is requesting an affidavit of domicile to proceed. Under North Carolina law, an affidavit can be validly notarized either on paper or electronically if the notarization meets the statutory requirements. However, the bank can still require a wet-ink original or impose a specific submission method as a condition of releasing or transferring assets, so the key issue is confirming what submission method that institution will accept for the affidavit of domicile.

Process & Timing

Who files: The personal representative (executor/administrator) or the person the bank authorizes. Where: With the financial institution’s estate or legal processing unit (not with the Clerk of Superior Court). What: The institution’s affidavit of domicile (or a substantially similar affidavit), signed and notarized, plus any requested supporting items (often a copy of a recent statement or account identifier and proof of appointment). When: As soon as the institution requests it, because the institution typically will not complete its review until it receives the form in the format it requires.
Confirm acceptable delivery: Ask the institution, in writing if possible, whether it will accept (a) an emailed scanned PDF, (b) a secure upload/fax, (c) an electronically notarized affidavit, or (d) only the original mailed document. If it accepts email, confirm whether it requires color scans and whether it needs the notary seal to be clearly visible.
Submit and track: Send the affidavit by the approved method, keep proof of submission (confirmation email, fax confirmation, or certified mail tracking), and follow up for a receipt/deficiency notice so any corrections can be made quickly.

Exceptions & Pitfalls

If the affidavit is notarized on paper, a scan may not satisfy the bank’s fraud-control policy even though it shows the notarization; the bank may insist on the wet-ink original.
If a remote/electronic notarization is used, the document and notarial certificate must comply with North Carolina’s electronic/remote notarization requirements; otherwise the bank may reject it and request a re-notarization.
Using the “wrong signer” (for example, someone other than the appointed personal representative when the bank requires the personal representative) can trigger rejection and delay even if the affidavit is otherwise properly notarized.
Unreadable notary seals, missing notarial wording (acknowledgment vs. jurat), or inconsistent names/dates between the affidavit and the letters can cause the institution to pause processing.

Conclusion

In North Carolina, a notarized affidavit can be valid on paper or in electronic form if it meets state notarization rules, but a bank may still require the wet-ink original (or a compliant electronic notarization) before it will release estate assets. When a financial institution requests an affidavit of domicile, the practical rule is to follow the institution’s stated submission method so processing can continue. Next step: confirm in writing whether the institution will accept an emailed PDF or requires the original mailed affidavit, and send the affidavit in the required format as soon as possible.

Talk to a Probate Attorney

If a financial institution is holding up an estate transfer because it wants an affidavit of domicile or other notarized paperwork, our firm has experienced attorneys who can help clarify what the institution can request and how to submit documents without avoidable delays. 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.