Jan222026
Probate Q&A Series

How do I claim money being held by the state treasury or unclaimed property office for a deceased family member when I have power of attorney for a living relative? – North Carolina

Short Answer

In North Carolina, a power of attorney for a living person usually does not let an agent claim unclaimed property that belongs to a deceased family member. When the owner is deceased, the State Treasurer typically requires a claim from the estate’s personal representative (executor/administrator) or, in smaller estates, a person using North Carolina’s “collection by affidavit” procedure. The practical first step is to identify which deceased person is listed as the owner and then match the claim paperwork to the correct estate authority.

Understanding the Problem

In North Carolina probate, the key question is: when money is listed with the State Treasurer’s unclaimed property program under a deceased person’s name, can an agent acting under a power of attorney for a living relative submit the claim and receive the funds. This situation often comes up when a family is trying to gather scattered assets for multiple deceased relatives, and the person doing the legwork has authority to act for one living relative but has not been appointed by the Clerk of Superior Court to act for the deceased person’s estate. The decision point is whether the claim is being made for property owned by a living person (where a power of attorney may work) or property owned by a deceased person (where estate authority is usually required).

Apply the Law

North Carolina’s unclaimed property laws allow a “person” to file a claim with the State Treasurer for property held by the Unclaimed Property Division, and the Treasurer must allow or deny the claim within a set time after filing. When the owner is deceased, the claim generally must be supported by proof that the claimant has legal authority to act for the estate (or a legally recognized small-estate collection process). Separately, a power of attorney is an agency relationship; as a general rule, agency authority does not continue after the principal’s death, except for limited protections for good-faith acts without notice in specific circumstances.

Key Requirements

  • Correct owner and claim type: The claim must match the name shown in the unclaimed property listing and must be filed as an “estate of” claim when the owner is deceased.
  • Proper legal authority: For a deceased owner, the claimant usually must show authority as the estate’s personal representative (executor/administrator) or use a permitted small-estate collection method when available.
  • Proof package: The Treasurer typically requires identity documentation plus records connecting the claimant to the deceased owner (and, if applicable, proof of appointment by the Clerk of Superior Court).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an agent acting under a power of attorney for a living relative while trying to access money held by a government unclaimed property office that may relate to multiple deceased family members. If the unclaimed property listing shows a deceased person as the owner, the agent’s power of attorney for the living relative usually is not enough by itself; the claim typically needs estate authority for the deceased owner. If the listing shows the living relative as the owner, then a properly drafted and accepted power of attorney may allow the agent to file, but the Treasurer may still require specific documentation and may reject a power of attorney that does not clearly authorize the transaction.

Process & Timing

  1. Who files: Usually the personal representative of the deceased owner’s estate (executor named in a will who qualifies, or an administrator appointed if there is no will). Where: The estate appointment is handled through the Clerk of Superior Court (Estates) in the county where the decedent lived at death; the unclaimed property claim is filed with the North Carolina State Treasurer, Unclaimed Property Division. What: The Treasurer uses a claim form/process; the Clerk issues Letters Testamentary or Letters of Administration after qualification. When: After a claim is filed, the Treasurer generally must allow or deny it within 90 days and, if allowed, pay within 30 days. See N.C. Gen. Stat. § 116B-67.
  2. Match the claim route to the estate size: If the deceased owner’s estate is small enough, North Carolina may allow collection of certain personal property by affidavit instead of a full estate administration. If the estate is over the limit or new assets push it over the limit, a personal representative may need to qualify and take over to finish the administration.
  3. Submit the proof package and receive payment: The Treasurer may request additional documentation if the initial submission does not clearly prove authority and entitlement. Once approved, payment is issued to the approved claimant (often the estate) rather than to an individual family member unless the claim is structured and documented to permit direct distribution.

Exceptions & Pitfalls

  • Power of attorney vs. estate authority: A power of attorney authorizes an agent to act for a living principal. It generally does not substitute for appointment by the Clerk of Superior Court to act for a deceased person’s estate.
  • Multiple deceased family members: Unclaimed property is owner-specific. A single “family claim” often fails because each deceased owner may require a separate estate authority and separate documentation trail.
  • Small-estate limits can be exceeded later: A case that starts as a small-estate collection can become a full estate administration if additional assets are discovered (including unclaimed property). Planning for that possibility can avoid delays.
  • Life insurance confusion: Life insurance proceeds are often non-probate if there is a valid beneficiary designation. A dispute with a life insurance company may involve different paperwork and legal standards than an unclaimed property claim, even if both issues arise at the same time.
  • Documentation gaps: Missing death certificates, name variations, outdated addresses, or unclear heirship commonly cause denials or requests for more proof.

Conclusion

In North Carolina, when unclaimed property is held under a deceased family member’s name, a power of attorney for a living relative usually is not enough to claim it. The claim typically must be filed by the estate’s personal representative (or through a permitted small-estate collection procedure when available), with documentation proving authority and the connection to the deceased owner. A practical next step is to open (or confirm) the correct estate with the Clerk of Superior Court and then file the Treasurer’s claim using the Letters issued by the Clerk.

Talk to a Probate Attorney

If you’re dealing with unclaimed property for a deceased family member and the only authority in hand is a power of attorney for a living relative, our firm has experienced attorneys who can help sort out which estate needs to be opened, what documents the Treasurer typically requires, and how to keep the process moving. 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.