How can an estate administrator get a pension plan to release information about a deceased person’s account? – North Carolina

Short Answer

In North Carolina, a pension plan will usually release account information to an estate administrator only after receiving proof of authority to act for the estate. The most common proof is a certified copy of Letters of Administration (or Letters Testamentary) issued by the Clerk of Superior Court, along with a certified death certificate and the plan’s own disclosure forms. If a plan will not release information based on a private “authorization letter” alone, the next step is typically to provide certified Letters and, if needed, seek a court order directing disclosure.

Understanding the Problem

In North Carolina probate, the key question is: can an estate administrator require a pension plan administrator to share information about a deceased participant’s account, and what proof must be provided before the plan will respond. The issue usually comes up when a law firm representative contacts the pension plan administrator on behalf of the estate administrator and the plan says it cannot discuss the account based on a letter of authorization alone. The decision point is whether the estate administrator has provided the plan with the type of documentation that third parties typically require before releasing private account details.

Apply the Law

Under North Carolina practice, third parties commonly require formal proof that a person has authority to act for the estate before releasing confidential financial information. For an estate administrator, that proof is usually the Letters of Administration issued by the Clerk of Superior Court in the estate proceeding (or Letters Testamentary if there is a will and an executor). Many institutions also require a certified death certificate and their own internal forms before they will confirm balances, beneficiary information, payment status, or distribution options.

Key Requirements

Proof of authority: A certified copy of Letters of Administration (or Letters Testamentary) showing the personal representative is currently qualified to act.
Proof of death and identity matching: A certified death certificate and enough identifying information to match the decedent to the plan’s records (for example, participant name, last known address, or partial account identifiers if available).
Plan-compliant request package: A written request that asks for specific information needed to administer the estate (for example, date-of-death value, beneficiary designation on file, and whether benefits are payable to the estate), plus any plan-specific authorization or disclosure forms.

What the Statutes Say

N.C. Gen. Stat. § 36F-8 (Disclosure of digital assets of deceased user) – Requires certain custodians to disclose specified account information to a personal representative when the personal representative provides a written request, a certified death certificate, and certified Letters (or other listed authority). While pension plans are not always “digital asset” custodians, the statute reflects the common North Carolina documentation approach: written request + certified death certificate + certified Letters.
N.C. Gen. Stat. § 8-36 (Authenticated copy of record of administration) – Recognizes properly certified copies of letters of administration/testamentary as evidence of authority, which is why institutions commonly insist on certified Letters rather than informal authorization letters.

Analysis

Apply the Rule to the Facts: Here, a law firm representative contacted the pension plan administrator on behalf of the estate administrator and stated that a letter of authorization was submitted on a certain date. If the plan refuses to release information, the most common reason is that the plan does not treat a private authorization letter as sufficient proof of legal authority after death. The practical fix is usually to send a written request with a certified death certificate and a certified copy of the estate administrator’s Letters of Administration (and then complete any plan-specific forms).

Process & Timing

Who files: The estate administrator (personal representative) or counsel. Where: The Clerk of Superior Court in the county where the estate is opened in North Carolina. What: Obtain certified Letters of Administration (or Letters Testamentary) and order multiple certified copies for third-party requests. When: As soon as the estate administrator qualifies; many institutions prefer recently certified copies.
Send a targeted written request to the plan: Provide (a) certified Letters, (b) certified death certificate, and (c) a written request asking for the specific information needed to administer the estate (commonly: beneficiary designation on file, date-of-death value, payment status, and claim steps). Include any identifiers the plan requests to locate the account.
If the plan still will not respond: Escalate within the plan (privacy/benefits department) and request the plan’s written requirements. If the plan insists on a court order for disclosure, the estate administrator can seek direction from the Clerk of Superior Court in the estate proceeding and request an order compelling disclosure of limited information needed for administration.

Exceptions & Pitfalls

Beneficiary-controlled benefits: Many pensions pay directly to a named beneficiary. In that situation, the plan may limit what it will disclose to the estate administrator, especially if the estate is not the beneficiary.
Using an authorization letter instead of certified Letters: A letter signed by a family member or even by the estate administrator may not satisfy a plan’s privacy rules. Certified Letters are usually the document that changes the conversation.
Incomplete request: Plans often require specific identifiers and their own forms. A request that does not include the death certificate, certified Letters, and enough information to locate the account can lead to repeated delays.

Conclusion

In North Carolina, an estate administrator typically gets a pension plan to release account information by providing formal proof of authority—most often a certified copy of Letters of Administration (or Letters Testamentary)—along with a certified death certificate and a written request that matches the plan’s disclosure process. If a plan will not release information based on a private authorization letter, the next step is to submit certified Letters and, if necessary, ask the Clerk of Superior Court for an order directing limited disclosure needed to administer the estate.

Talk to a Probate Attorney

If an estate administrator is dealing with a pension plan that will not release information after a death, our firm has experienced attorneys who can help identify the right documents, submit a complete request, and address plan pushback while keeping probate timelines on track. 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.