Jan12026
Probate Q&A Series

How do I get bank statements and records to figure out where money went from the decedent’s checking account after they became incapacitated? – North Carolina

Short Answer

In North Carolina, a court-appointed administrator can usually obtain the decedent’s bank statements by making a written request to the bank and providing certified Letters of Administration and a death certificate. If the bank will not produce older records or signature cards voluntarily, the administrator (through counsel) can seek court-issued process to require production. If the concern is financial exploitation during incapacity, a separate path may involve Adult Protective Services and a court-approved subpoena for records in urgent cases.

Understanding the Problem

When a North Carolina estate administrator suspects that money left a decedent’s checking account after the decedent became incapacitated, the key question is how the administrator can lawfully obtain bank statements and related account records to trace withdrawals and identify who had access. The focus is on getting records that show deposits, withdrawals, transfers, and authority on the account (such as signature cards or power-of-attorney access) so the administrator can prepare the estate inventory and accountings and decide whether any follow-up action is needed.

Apply the Law

North Carolina law generally allows a personal representative (including an administrator) to step into the decedent’s shoes to gather information needed to administer the estate. Banks typically require proof of appointment (certified Letters) and proof of death before releasing information. If the issue involves suspected exploitation of a disabled or older adult, North Carolina also provides a fast court process for an investigating entity to obtain financial records from a financial institution when time is critical. If a guardianship existed during incapacity, guardianship accounting rules also reflect that the clerk can require production of bank statements and proof of cash balances when accounts are filed.

Key Requirements

  • Authority to request records: The administrator must show legal authority to act for the estate, usually with certified Letters of Administration (and often a certified death certificate).
  • Specificity about what is needed: The request should identify the account(s), the date range (especially the incapacity period), and the exact records needed (monthly statements, transaction history, canceled checks/images, deposit items, wire/ACH details, and signature cards).
  • Correct legal channel if the bank will not cooperate: If voluntary production fails, the administrator may need court-issued process (through the estate proceeding or related litigation). If exploitation is suspected and urgent, an investigating entity may seek a court-approved subpoena under North Carolina’s adult protective services framework.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the administrator is trying to identify accounts, file an inventory, and address creditor claims, while also investigating withdrawals that may have occurred during the decedent’s incapacity. That makes bank statements and transaction-level records essential for (1) identifying estate assets and (2) explaining where funds went before death. Because the concern includes possible misuse by someone with access, the administrator will usually want not only statements, but also signature cards and details that show who had authority and how transfers were initiated.

Process & Timing

  1. Who files: The estate administrator (often through counsel). Where: Start with the bank or credit union holding the account; if court involvement becomes necessary, matters typically run through the Clerk of Superior Court for estate administration in North Carolina, and related subpoenas or exploitation-record petitions may be heard in District Court depending on the procedure used. What: A written records request with certified Letters of Administration and a certified death certificate; request monthly statements, full transaction history, check images, deposit items, ACH/wire details, and copies of signature cards. When: As soon as possible after qualification so the inventory and accounting can be completed with reliable documentation.
  2. Follow-up if the bank’s response is incomplete: Narrow and re-send the request with a clear date range (for example, the months surrounding the onset of incapacity through the date of death) and ask for “research” into older statements if needed. If the bank requires an internal form, provide it along with the Letters and death certificate. If the bank refuses due to privacy or authority concerns, counsel can evaluate court-issued process to compel production.
  3. Parallel information-gathering to make the bank request stronger: Collect medical records that help define the incapacity window, and gather any existing estate paperwork that points to account numbers (old statements, checkbooks, loan autopay records). If exploitation is suspected, consider whether a report to the county Department of Social Services is appropriate so an investigating entity can use the expedited subpoena process when time is critical.

Exceptions & Pitfalls

  • Not asking for the right records: Monthly statements alone may not show who initiated a transfer. Common add-ons include check images, deposit items, ACH authorizations, wire details, and the signature card showing account owners and signers.
  • Confusing “incapacity” with “adjudicated incompetency”: A bank’s duties can change when it receives notice of a court adjudication of incompetency (and, of course, notice of death). When a power of attorney is involved, the timing of notice to the bank can matter.
  • Joint accounts and access issues: If another person was a joint owner or authorized signer, the bank may treat that person as having lawful access during life. That does not automatically resolve whether withdrawals were proper, but it can affect what records exist and how the investigation proceeds.
  • Waiting too long: Banks may not keep every type of record forever, and older items may require special retrieval. Early written requests help preserve what can be obtained without court involvement.
  • Missing the estate accounting trail: Best practice is to run estate receipts and payments through an estate account and keep clean documentation so the clerk-required inventory and accountings can be supported by bank statements and deposit/disbursement detail.

Conclusion

In North Carolina, an estate administrator typically gets bank statements and related records by sending a written request to the financial institution with certified Letters of Administration and a certified death certificate, and by requesting transaction-level detail (not just statements) for the incapacity period through death. If the bank will not voluntarily provide older or complete records, court-issued process may be needed. The most time-sensitive option arises in suspected exploitation matters, where an investigating entity can seek an expedited subpoena. Next step: submit a targeted written request to the bank with certified Letters and the date range needed.

Talk to a Probate Attorney

If there are concerns about withdrawals from a decedent’s account during incapacity and the estate needs records to complete the inventory and accountings, our firm has experienced attorneys who can help identify the right records to request and the fastest lawful way to obtain them. 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.