How do I get a bank or credit union to release a deceased person’s account statements for probate? – North Carolina

Short Answer

In North Carolina, the cleanest way to get a bank or credit union to release a deceased person’s account statements for a probate estate is to have the court-appointed personal representative (executor/administrator) make a written request and provide a certified death certificate plus certified Letters Testamentary or Letters of Administration. Many institutions will not release statements to anyone else unless the personal representative signs an authorization for the attorney to receive the records. If the institution still will not cooperate, the next step is usually a court order or subpoena issued through the estate proceeding.

Understanding the Problem

In a North Carolina probate administration, a law firm may need missing bank or credit union statements to identify estate assets, confirm date-of-death balances, and prepare required filings. The decision point is: can the institution release statements based on the personal representative’s authority (and proper documentation), or does the request need to be routed through the personal representative, a dedicated internal representative, or the Clerk of Superior Court process.

Apply the Law

Under North Carolina practice, financial institutions typically treat account statements and account history as protected customer records. After death, the person with legal authority to act for the estate is the court-qualified personal representative. Banks and credit unions commonly require (1) proof of death and (2) proof of the requester’s authority (certified Letters) before releasing statements or other account documentation. If an attorney is requesting records, many institutions require a written authorization signed by the personal representative directing the institution to release the records to the attorney.

Key Requirements

Proper authority: A duly qualified personal representative (executor under a will or administrator in an intestate estate) with current, certified Letters.
Proper documentation: A written request that identifies the decedent and the account(s), plus a certified death certificate and certified Letters (and any institution-specific forms).
Proper recipient/authorization: If statements are to be sent to the law firm, the personal representative usually must sign an authorization allowing the institution to release records to the attorney.

What the Statutes Say

N.C. Gen. Stat. § 54-109.62 (Credit unions; payment to personal representative) – Allows a credit union to pay a deceased member’s deposit balance to the duly qualified personal representative and treats presentation of letters of qualification as sufficient authority for payment.

Analysis

Apply the Rule to the Facts: Here, a probate matter is already in progress and the firm is trying to obtain additional/missing statements from a credit union. If the request is coming from the law firm rather than directly from the qualified personal representative, the credit union may require the personal representative’s signed authorization (in addition to certified Letters and a death certificate) before it will release statements to the firm. If the assigned credit union representative is unavailable, the fastest path is usually a complete written request packet that can be processed by any back-office team member, rather than waiting on a callback.

Process & Timing

Who files: The personal representative (or the attorney with the personal representative’s written authorization). Where: With the bank/credit union’s estate or deceased-account department (often a specific representative or a centralized records unit). What: A written request for statements and account information, plus a certified death certificate and certified Letters Testamentary/Letters of Administration; include an authorization directing the institution to release records to the attorney if the attorney will receive them. When: As soon as the personal representative is qualified and certified Letters are available.
Follow-up: If the institution will only speak with the personal representative, have the personal representative call and confirm in writing that records may be released to the attorney; ask what date range and format (PDF, paper) the institution can provide and whether fees apply. Processing times vary by institution and can be longer if the request is incomplete or routed to a single unavailable representative.
If cooperation stalls: Consider requesting a written denial or a list of missing items, then escalate to a supervisor/records department. If needed for estate administration, the next step is typically to seek a court order or use a subpoena through the estate proceeding to obtain the statements.

Exceptions & Pitfalls

Attorney request without authorization: Many institutions will not release statements to a law firm unless the personal representative signs a specific authorization naming the attorney as an approved recipient.
Wrong documents: Institutions often require certified copies of Letters and a certified death certificate, not photocopies. They may also require their own internal deceased-account forms.
Account type issues: Joint accounts, payable-on-death designations, and trust accounts can change who has access and what the institution will release without additional documentation.
Incomplete identifiers: Requests move faster when they include the decedent’s full name, last known address, date of death, and at least partial account numbers or other identifiers the institution can match.

Conclusion

In North Carolina probate, banks and credit unions usually release a deceased person’s account statements only when the court-qualified personal representative makes the request and provides a certified death certificate and certified Letters Testamentary/Letters of Administration. If the statements need to go to the law firm, the personal representative should also sign a written authorization directing the institution to release records to the attorney. The next step is to submit that complete request packet to the institution’s estate/deceased-account department as soon as Letters are issued.

Talk to a Probate Attorney

If a probate administration is in progress and a bank or credit union will not provide missing statements needed to identify assets and complete required filings, our firm has experienced attorneys who can help clarify what documents the institution needs and what steps to take if the request stalls. 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.