If my name was added to my parent’s bank account only so I could help pay bills as power of attorney, do I have access to that money now or does it go through probate? – North Carolina

Short Answer

In North Carolina, being on a parent’s bank account for bill-paying help (including as power of attorney) does not automatically mean the money is “yours” after death. Whether the money goes through probate usually depends on how the account was titled in the bank’s written account agreement: (1) a true joint account with a right of survivorship often passes to the surviving co-owner outside probate, while (2) an “agency/convenience” or other non-survivorship arrangement generally remains an estate asset and is handled in the estate administration process. A power of attorney authority also typically stops at death, and the personal representative (estate administrator/executor) takes over.

Understanding the Problem

In North Carolina probate administration, a common question is whether an adult child whose name was added to a parent’s bank account only to help pay bills can use the money after the parent’s death, or whether the account funds must be handled as part of the parent’s estate. The key decision point is whether the bank records made the child an owner with survivorship rights or only gave the child authority to access the account while the parent was alive. That decision affects whether the funds pass outside the estate or are collected and managed through the estate administration process.

Apply the Law

North Carolina treats many bank and deposit accounts as “contract-driven” assets at death. The written account agreement (often the signature card and deposit agreement) controls whether the account is a joint account with a right of survivorship, an account without survivorship, or an arrangement meant only for convenience or agency. North Carolina courts generally require the survivorship feature to be created in writing and follow the statutory requirements closely. If a right of survivorship exists, the surviving party may become the owner by operation of law, although some survivorship accounts can still be reached for certain estate claims depending on the statute and the type of institution/account.

Key Requirements

Account type in the bank’s written agreement: The paperwork must show whether the account was set up as “joint with right of survivorship,” “joint without survivorship,” “payable on death (POD),” or another type of arrangement.
Proper written survivorship election (if survivorship is claimed): For many joint accounts, North Carolina requires a signed writing that expressly provides for survivorship; without it, survivorship may fail and the funds may be treated as belonging to the estate (in whole or in part).
Role changes at death: Authority under a power of attorney is not the same as ownership. After death, the personal representative generally controls estate assets, and account access must match the legal authority in place.

What the Statutes Say

N.C. Gen. Stat. § 41-2.1 (Right of survivorship in bank deposits) – Allows a deposit account to be created with survivorship by signed written agreement and describes what happens at death and what claims may still reach a portion.
N.C. Gen. Stat. § 54B-139 (Personal agency accounts) – Describes an account designed for an agent to write checks/make withdrawals for the depositor; it grants no ownership interest to the agent and has no survivorship at death.

Analysis

Apply the Rule to the Facts: Here, the adult child’s name was added only so bills could be paid while the parent was living under a power of attorney. Under North Carolina practice, that “reason” does not control the result by itself; the bank’s written account documents control whether the child became a co-owner with survivorship rights or only had authority to act for the parent. If the account was set up as a true joint account with a right of survivorship, the child may have post-death ownership rights outside probate; if it was set up as an agency/convenience-type access (or joint without survivorship), the funds typically must be treated as estate property and administered by the personal representative.

Process & Timing

Who files: The personal representative (executor/administrator), or a proposed personal representative if the estate is not opened yet. Where: The Clerk of Superior Court in the county where the estate is administered in North Carolina. What: Estate opening documents and the required inventory/accounting filings as applicable; banks may request certified Letters Testamentary or Letters of Administration before releasing estate funds. When: As soon as practical after death, especially if bills, creditor issues, or benefit repayments may be pending.
Confirm the account’s legal form: Request the bank’s account title history and the signature card/deposit agreement showing whether the account is joint with survivorship, joint without survivorship, POD, or an agency/convenience arrangement.
Handle the funds under the correct authority: If survivorship applies, the bank often pays the surviving owner upon proof of death; if survivorship does not apply, the bank typically freezes the account and releases funds only to the personal representative for estate administration.

Exceptions & Pitfalls

“Added for convenience” can still be survivorship if the paperwork says so: Many disputes come from accounts set up with a survivorship checkbox even though the goal was only bill-paying help. North Carolina generally focuses on the written agreement for survivorship.
Joint without survivorship can create partial probate exposure: If survivorship was not properly created, ownership may depend on contributions and intent, and a portion (or all) may be treated as estate property.
Power of attorney confusion after death: Continuing to use the account after death based on “POA authority” can create conflict with heirs and the estate, and can raise questions about whether withdrawals were proper.
Claims and expenses risk even when survivorship exists: Under some statutes, a portion of survivorship funds may be subject to certain estate claims and expenses, which can create repayment or accounting issues if the survivor withdraws everything immediately.

Conclusion

In North Carolina, access to a parent’s bank account after death depends on the account’s written setup, not just the fact that an adult child was added to help with bills under a power of attorney. If the paperwork created a joint account with a right of survivorship, the funds often pass to the surviving co-owner outside probate; if it created only agency/convenience access or no survivorship, the funds usually belong to the estate and must be handled in the estate administration process. The next step is to obtain the signature card/deposit agreement from the bank and confirm the account type before any withdrawals.

Talk to a Probate Attorney

If there is uncertainty about whether a bank account is a survivorship account or an estate asset in a North Carolina estate administration, a probate attorney can help review the account paperwork, explain who has legal authority to act, and map out the correct probate steps 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.