Jan92026
Probate Q&A Series

If a treasury agency is holding the funds, what steps do I take to get them released to me? – North Carolina

Short Answer

In North Carolina, funds held by the State Treasurer (often through the Unclaimed Property/Escheat Fund) are usually released by filing a claim with the Treasurer and proving legal entitlement. If the funds relate to a deceased person, the Treasurer commonly requires proof of authority (such as Letters of Administration/Letters Testamentary) or other court documentation showing who has the right to receive the money. If the Treasurer does not act within 90 days or denies the claim, North Carolina law allows a court action in Wake County Superior Court to establish the claim.

Understanding the Problem

In North Carolina probate, the key question is: when a state treasury agency is holding money connected to a deceased person or an estate, what steps must be taken to prove who has authority to receive it and get it released? The decision point is whether the claimant has the right legal role to collect the funds (for example, as the estate’s court-appointed personal representative) or whether another type of court authorization is needed before the Treasurer will pay.

Apply the Law

North Carolina treats many “held by the Treasurer” situations as unclaimed or escheated property. The general rule is that a claimant must file a claim with the State Treasurer on the Treasurer’s form and provide proof of ownership or legal entitlement. The Treasurer must allow or deny the claim within a set timeframe, and if the claim is denied (or not acted on), the claimant can ask a court to establish the right to the funds.

Key Requirements

  • Identify the correct claimant: The person seeking release must match the legal entitlement (for example, the owner, an heir, a creditor with a valid claim, or a court-appointed personal representative acting for an estate).
  • File a proper claim and verify it: The claim must be submitted on the Treasurer’s process and supported with documentation. For larger claims, verification requirements can be stricter.
  • Provide the right authority documents: When the funds relate to a decedent, the Treasurer often needs proof of authority from the probate court process (commonly the Clerk of Superior Court) showing who can collect for the estate or who is legally entitled as an heir.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts suggest the funds are being held by a treasury agency and that “permission from the courthouse” may be needed. Under North Carolina practice, the courthouse official most often involved in estate authority is the Clerk of Superior Court (Estate Division), because that office issues the documents that prove who has authority to act for an estate. If the claimant is not already recognized as the proper party (for example, not the court-appointed personal representative), the Treasurer may refuse to release funds until the claimant provides probate authority documents or a court order establishing entitlement.

Process & Timing

  1. Who files: The person claiming the funds (often the owner; for a decedent’s funds, commonly the estate’s personal representative). Where: With the North Carolina State Treasurer through the Unclaimed Property/Escheat claim process; probate authority documents typically come from the Clerk of Superior Court (Estates) in the county where the estate is administered. What: A claim on the Treasurer’s form plus supporting documentation showing identity and legal entitlement (commonly including probate paperwork if the owner is deceased). When: The Treasurer must allow or deny the claim within 90 days after the claim is filed.
  2. Respond to requests for proof: If the Treasurer asks for additional evidence (for example, proof of heirship or proof of appointment as personal representative), provide the requested documents. If an estate is required to collect the asset, the usual “courthouse permission” is the Clerk of Superior Court issuing Letters (Letters Testamentary/Letters of Administration) in an estate file.
  3. If denied or delayed: If the claim is denied, or if the Treasurer does not act within 90 days, the next step can be an action to establish the claim in Wake County Superior Court naming the Treasurer as defendant.

Exceptions & Pitfalls

  • Wrong “authority” document: A common problem is providing informal family paperwork when the Treasurer needs court-issued authority. In many estate situations, the document that carries legal weight is the Clerk of Superior Court’s issuance of Letters showing appointment as personal representative.
  • Estate vs. heir payment: Some funds must be paid to the estate (through the personal representative) rather than directly to an heir, especially when the asset is treated as an estate asset that must be administered before distribution.
  • Incomplete proof of entitlement: Claims often stall when identity documents, death documentation, or probate filings do not match names/addresses on the property record. Fixing mismatches early can prevent delays.

Conclusion

In North Carolina, when a treasury agency is holding funds, the usual path is to file a claim with the State Treasurer and prove legal entitlement to receive the money. If the funds relate to a deceased person, the courthouse official who typically provides the needed authority is the Clerk of Superior Court (Estates), through court-issued appointment documents or other probate orders. The Treasurer generally must act within 90 days of a filed claim; if the claim is denied or not acted on, the next step is filing an action in Wake County Superior Court.

Talk to a Probate Attorney

If funds are being held by a treasury agency and the process is stalled because “courthouse permission” or probate authority is needed, our firm has experienced attorneys who can help clarify what documents the Clerk of Superior Court can issue and what the Treasurer typically requires to release funds. 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.