Jan12026
Probate Q&A Series

How do I get credit card statements and account records from a financial institution when I’m the trustee but they keep asking for a court authorization letter? – North Carolina

Short Answer

In North Carolina, a trustee usually gets trust-related account records by giving the financial institution written proof of authority, such as a certification of trust and proof of identity, plus enough information to locate the account. If the institution still refuses and insists on a “court authorization letter,” the trustee may need to use a court process (often a subpoena or court order) to compel production, especially when the records relate to someone else’s accounts or when the institution’s privacy rules require a judge’s order. If there are signs of financial exploitation of an older or disabled adult, a separate fast court-subpoena process may be available to law enforcement or social services.

Understanding the Problem

Under North Carolina probate and trust administration, a trustee can need bank and credit card statements to identify trust assets, confirm payments, and complete transfers and distributions. The practical problem often arises when a financial institution will not release statements based only on a trustee’s request and instead asks for a “court authorization letter.” The decision point is whether the records requested are clearly trust-owned records that a trustee can access with proper proof of authority, or whether the institution will only release them with a subpoena or court order because of privacy and internal compliance rules.

Apply the Law

North Carolina law recognizes that financial records are sensitive and that institutions often require specific documentation before releasing them. For trust administration, institutions commonly accept a certification of trust (instead of the full trust) and a trustee’s sworn confirmation of authority, along with account identifiers. For certain categories of records—especially when the request is treated as access to a customer’s financial records without sufficient authorization—institutions may require a subpoena or court order. Separate North Carolina statutes also allow a rapid district court subpoena process for financial records in investigations of suspected financial exploitation of an older or disabled adult, but that process is for investigating entities (not a trustee acting alone).

Key Requirements

  • Proof of trustee authority: A written request supported by trust authority documents (often a certification of trust) and a trustee certification under penalty of perjury that the trust exists and the trustee is currently serving.
  • Reasonably specific record request: Enough detail for the institution to locate the account and records (for example, account number or other unique identifier, date ranges, and the type of records requested).
  • Correct legal tool if the institution refuses: If the institution will not produce records voluntarily, the trustee may need a subpoena or court order from the proper North Carolina court to compel production.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The trustee is trying to obtain credit card statements and other account records to finish trust transfers and distributions, but a person who previously handled finances is not cooperating. If the accounts and statements are clearly tied to the trust (or an account titled in the trust’s name), the trustee’s strongest first step is to provide the institution with a written request plus trustee authority documentation and specific account identifiers. If the institution still refuses and insists on a court authorization letter, the trustee may need to pursue a subpoena or court order to compel production, particularly if the records are treated as a customer’s financial records not clearly authorized for trustee access.

Process & Timing

  1. Who files: The trustee (often through counsel). Where: Usually the Clerk of Superior Court in the county with appropriate trust jurisdiction in North Carolina, depending on the type of trust proceeding needed. What: Start with a written records request to the financial institution supported by a certification of trust (or verified trust excerpt) and a trustee certification under penalty of perjury, plus account identifiers and a clear date range for statements. When: As soon as the trustee needs the records to complete administration; delays can create missed deadlines with distributions, creditor issues, or beneficiary reporting.
  2. If the institution refuses: Escalate to the institution’s legal/compliance department with the same packet and a narrower, specific request (for example, “monthly statements from X date to Y date” and “copies of signature cards or account opening documents if available”). If the institution still requires a judge’s authorization, counsel can evaluate the correct court filing to obtain a subpoena or court order compelling production.
  3. If exploitation is suspected: When facts suggest financial exploitation of an older or disabled adult, a report to the appropriate investigating entity may trigger an expedited district court subpoena process for records. That process is handled through district court by the investigating entity, and the court hearing is designed to occur quickly after filing.

Exceptions & Pitfalls

  • Account ownership mismatch: If the credit card or bank account is not titled in the trust’s name (for example, it is an individual account), the institution may treat the trustee’s request as lacking customer authorization and insist on a subpoena or court order.
  • Not being “reasonably specific”: Broad requests like “all records” often stall. Institutions respond faster to a specific list: account number (or last four digits), statement dates, and the exact record types requested.
  • Sending the wrong proof: Institutions often reject informal letters. A stronger packet typically includes a certification of trust, trustee identification, and a signed trustee certification confirming current authority.
  • Confusing trustee authority with estate authority: A trustee’s authority is different from a personal representative’s authority. If the institution believes the request should come from an estate personal representative, it may refuse until the correct fiduciary authority is shown.
  • Waiting for an uncooperative person: When a prior helper will not provide statements or access, the trustee should document requests and move to institution-level compliance escalation or court tools rather than relying on informal cooperation.

Conclusion

In North Carolina, a trustee usually obtains trust-related financial records by giving the institution clear proof of trustee authority and a specific, account-identified request. If the institution still insists on a “court authorization letter,” the practical solution is often a subpoena or court order from the proper North Carolina court compelling production, especially when the account is not clearly trust-titled or privacy rules block voluntary release. Next step: submit a written request with a certification of trust and trustee certification, and if refused, promptly pursue a court order or subpoena through the Clerk of Superior Court.

Talk to a Probate Attorney

If a trustee is trying to collect credit card statements or account records and a financial institution will not release them without a court authorization letter, our firm has experienced attorneys who can help clarify what proof is needed and, if necessary, pursue the right court process to obtain the records. 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.