Probate Q&A Series

How can we get information from an investment firm about the deceased person’s accounts during an estate process? – North Carolina

Short Answer

In North Carolina, an investment firm will usually release account details only to the court-appointed personal representative (executor/administrator) after the firm receives proof of death and proof of authority, such as certified Letters Testamentary or Letters of Administration. If the estate qualifies for a small-estate procedure, a certified small-estate affidavit may also work for certain disclosures. If the firm still will not respond, the personal representative can escalate the request in writing and, if needed, ask the Clerk of Superior Court for an order requiring disclosure.

Understanding the Problem

During a North Carolina estate process, can family members get an investment firm to share information about a deceased person’s accounts, and what happens when the representative at the firm does not provide the details needed to move the estate forward? This question usually turns on who has legal authority to request the information (the personal representative versus other relatives) and what documentation the firm needs before it will disclose balances, ownership type, and beneficiary designations.

Apply the Law

In North Carolina estate administration, the personal representative (the executor named in a will or the administrator appointed when there is no will) is the person with authority to gather information, identify estate assets, and complete required filings with the Clerk of Superior Court. Financial institutions commonly require (1) proof of death and (2) proof that the requester has legal authority to act for the estate before they will release account information. In practice, that usually means providing certified Letters Testamentary/Letters of Administration (or, in limited situations, a certified small-estate affidavit or a court order).

Key Requirements

  • Proper requester (authority): The request should come from the court-appointed personal representative, not from siblings or other heirs acting on their own, unless the firm’s policy allows a limited release.
  • Proof documents: Investment firms typically require a certified death certificate and certified Letters (or another court-authorized document) before releasing date-of-death values and account details.
  • Specific, trackable request: A clear written request that identifies the decedent and the accounts (or asks the firm to search) and asks for date-of-death balances, account type/registration, and supporting records is more likely to get a complete response.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because multiple siblings are waiting on an investment account representative, the first practical issue is whether the person communicating with the firm is the court-appointed personal representative. If the request is coming from a sibling who has not been appointed, the firm may refuse to release information due to privacy and internal policy. If a personal representative has already been appointed, a written request signed by that personal representative and accompanied by certified Letters and a death certificate usually resolves the delay.

Process & Timing

  1. Who files: The personal representative (executor/administrator). Where: Typically with the Clerk of Superior Court (Estates) in the county where the estate is being administered. What: Obtain certified Letters Testamentary or Letters of Administration (and multiple certified copies if several institutions must be contacted). When: As soon as the estate is opened and the personal representative qualifies.
  2. Make a formal written demand to the investment firm: Send a dated letter (and keep proof of delivery) requesting (a) confirmation of all accounts in the decedent’s name, (b) the account registration/ownership type, (c) date-of-death value, (d) any accrued income as of the date of death, (e) current restrictions on liquidation/transfer, and (f) copies of key account documents the firm will provide (often including account agreements or similar records). Many firms will respond faster when the request is specific and includes the firm’s internal account identifier if known.
  3. Escalate if there is no response: Ask for the firm’s estate or decedent-services department, request a supervisor review, and confirm exactly what documents the firm says are missing. If the firm still refuses or delays without a clear reason, the personal representative can ask a North Carolina court (often through the Clerk handling the estate or through a court proceeding, depending on the issue) for an order requiring disclosure of information needed to administer the estate.

Exceptions & Pitfalls

  • Not every account is an “estate” asset: Some investment accounts pass by beneficiary designation or joint ownership. The firm may disclose limited information, but it may treat the transfer as non-probate and require different paperwork than an estate account would.
  • Wrong requester: A common reason for delay is that siblings or other heirs contact the firm instead of the appointed personal representative. Many institutions will only communicate with the personal representative unless the personal representative signs an authorization for the firm to speak with someone else.
  • Incomplete documentation: Firms often require certified (not photocopied) Letters and may require a certified death certificate. They may also require an affidavit, account identifiers, or evidence linking the decedent to the account before releasing details.
  • Digital access confusion: Login credentials or access to the decedent’s email may not be enough to lawfully obtain information. North Carolina has specific rules for disclosure of digital assets and electronic communications, and firms may require the statutory documents listed in those rules.

Conclusion

In North Carolina, the most reliable way to get account information from an investment firm during an estate process is for the court-appointed personal representative to make a written request and provide certified proof of death plus certified Letters Testamentary or Letters of Administration (or, in some cases, a certified small-estate affidavit or court order). The next step is to have the personal representative send a trackable written demand to the firm’s estate department and confirm the exact documents the firm requires before the estate’s filing deadlines arrive.

Talk to a Probate Attorney

If an investment firm is not providing the information needed to administer a North Carolina estate, our firm has experienced attorneys who can help clarify who has authority, what documents to send, and how to escalate the request when delays threaten estate deadlines. 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.