How can I obtain information about a deceased person’s pension or retirement account during probate if I represent the estate? – North Carolina

Short Answer

In North Carolina, the cleanest way to obtain pension or retirement account information during probate is to show the plan administrator or employer that the estate has an authorized personal representative and then make a written request for plan details and beneficiary information. In practice, most custodians will ask for a certified death certificate and certified Letters Testamentary or Letters of Administration before they will release account details. If key information is locked inside the decedent’s online accounts (email, cloud storage, or account portals), North Carolina’s digital assets law can require disclosure to the personal representative when the required documents are provided.

Understanding the Problem

In a North Carolina estate administration, a personal representative often needs to locate and confirm a decedent’s pension, 401(k), IRA, deferred compensation, or similar retirement benefits. The practical question is how the personal representative can get reliable information from an employer, plan administrator, or online account provider during probate when the account is not yet clearly identified, or when the custodian will not speak with anyone who cannot prove authority to act for the estate.

Apply the Law

North Carolina probate administration runs through the Clerk of Superior Court in the county where the estate is opened. Once appointed, the personal representative typically proves authority by providing certified Letters Testamentary (if there is a will) or certified Letters of Administration (if there is no will). With that authority, the personal representative can request information needed to identify assets, determine whether an asset is probate or non-probate, and administer the estate. If the information needed is stored in the decedent’s digital accounts, North Carolina’s digital assets statutes provide a structured way to demand disclosure from a “custodian” (such as an email provider or online platform) when the required documents are provided.

Key Requirements

Proof of authority to act for the estate: A plan administrator or employer will usually require certified Letters Testamentary or Letters of Administration before releasing account details to the personal representative.
A targeted written request for benefits information: A written request should ask whether the decedent participated in retirement-related plans and should request the current value (or amount payable), beneficiary designation(s), election forms, and plan contact information or plan documents needed to process a claim.
Digital access documentation (when needed): If the retirement information is only accessible through the decedent’s online accounts, the personal representative may need to use North Carolina’s digital assets process, which requires a written request plus certified documents, and sometimes additional identifiers or an affidavit showing the request is reasonably necessary to administer the estate.

What the Statutes Say

N.C. Gen. Stat. § 36F-8 (Disclosure of other digital assets of deceased user) – Allows a custodian to disclose a catalogue of electronic communications and other digital assets (not the content of messages) to a personal representative who provides a written request, certified death certificate, and certified letters (or other listed authority), plus additional proof if requested.
N.C. Gen. Stat. § 36F-7 (Disclosure of content of electronic communications of deceased user) – Allows disclosure of the content of electronic communications to a personal representative if the decedent consented or a court directs disclosure, and the personal representative provides the required certified documents and proof of consent (unless an online tool controls).
N.C. Gen. Stat. § 120-4.34 (Improper receipt of decedent’s retirement allowance) – Makes it a crime to keep receiving a decedent’s retirement allowance with intent to defraud after death under certain conditions, which is a reminder to notify the retirement system promptly and stop improper deposits.

Analysis

Apply the Rule to the Facts: The estate representative’s goal is to identify whether the decedent had a pension or retirement plan and, if so, obtain the information needed to determine what is payable and to whom. The first step is proving authority with certified Letters and a death certificate, then sending a written request to the employer, plan administrator, or retirement system asking for participation status, beneficiary designation(s), and claim instructions. If the only trail is digital (for example, statements delivered to email or an online benefits portal), North Carolina’s digital assets statutes provide a way to demand disclosure from the custodian using the required certified documents and, if requested, account identifiers or an affidavit explaining why the disclosure is needed to administer the estate.

Process & Timing

Who files: The personal representative (or counsel for the personal representative). Where: The estate is opened with the Clerk of Superior Court in the county where the estate is administered in North Carolina. What: Obtain certified Letters Testamentary or Letters of Administration and a certified death certificate, then prepare a written benefits inquiry to the employer/plan administrator/retirement system requesting plan participation, beneficiary designation(s), election forms, plan documents, and claim instructions. When: As soon as the personal representative is appointed and has certified letters available.
Digital follow-up if needed: If the custodian says the information is only available through the decedent’s online account, send a written request under the digital assets process with the certified death certificate and certified letters. Be prepared to provide account identifiers (email/username) and evidence linking the account to the decedent, and to sign an affidavit that the disclosure is reasonably necessary to administer the estate if the custodian requests it.
Escalation if stonewalled: If a custodian refuses to provide needed digital information without a court order, the personal representative can seek direction from the Clerk of Superior Court (and, depending on the dispute, the matter may need to be handled in a court proceeding). The practical goal is a court order that matches what the custodian says it needs to comply.

Exceptions & Pitfalls

Non-probate beneficiary designations: Many retirement accounts pay directly to a named beneficiary and do not become probate assets. Even so, the estate may still need information to complete the estate inventory and to confirm whether the estate is a beneficiary.
Incomplete requests: Employers and plan administrators often delay responses when the request does not include certified letters, a certified death certificate, and enough identifying information to locate the correct account.
Assuming login access is allowed: Using the decedent’s passwords can violate provider terms or other laws. A safer approach is using the personal representative’s authority and, when necessary, the digital assets statutes to request disclosure through proper channels.
Ongoing retirement deposits: If retirement payments continue after death, the personal representative should notify the retirement system and avoid spending funds that may need to be returned.

Conclusion

In North Carolina probate, a personal representative usually obtains pension or retirement account information by proving appointment with certified Letters Testamentary or Letters of Administration and sending a written request to the employer, plan administrator, or retirement system for plan participation, beneficiary designation(s), and claim instructions. If the needed information is locked in online accounts, North Carolina’s digital assets law can require disclosure when the personal representative provides a written request, a certified death certificate, and certified letters. The next step is to send the written request with certified documents as soon as the letters are issued.

Talk to a Probate Attorney

If you’re dealing with locating a deceased person’s pension or retirement benefits during a North Carolina probate, our firm has experienced attorneys who can help clarify what information to request, what documents to provide, and how to handle digital-account roadblocks. 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.