Jan242026
Probate Q&A Series

If the will has broad language giving “all assets” to someone, does that include U.S. bank accounts that were never mentioned specifically? – North Carolina

Short Answer

Usually, yes. Under North Carolina law, a will can pass all property the person owned at death, including personal property like bank accounts, even if the will does not list each account by name. The practical issue is often not whether the will language is broad enough, but whether a North Carolina clerk of superior court will recognize the will and appoint (or recognize) a personal representative with authority that a U.S. bank will accept.

Understanding the Problem

In North Carolina probate, the question is whether broad will language like “all assets,” “all property,” or “everything I own now or later” covers U.S.-based bank accounts that were never specifically listed. The key decision point is whether the bank accounts are part of the decedent’s probate estate that must be collected by someone with recognized authority (typically an executor/personal representative) before the funds can be released and kept from being treated as unclaimed property.

Apply the Law

North Carolina generally allows a will to dispose of all real and personal property the testator owns at death, including interests acquired after the will was signed. Bank accounts owned in the decedent’s name alone are typically personal property that an executor (or an ancillary personal representative, if needed) collects as part of the estate administration. A broad “all assets” clause usually functions like a residuary gift and is meant to capture property not listed item-by-item.

Key Requirements

  • Probate asset status: The account must be owned by the decedent in a way that requires probate (for example, titled solely in the decedent’s name with no payable-on-death beneficiary and not held in a trust).
  • Valid will recognized for North Carolina purposes: If the will was prepared and signed abroad, the clerk of superior court may need proof that it was properly executed under rules North Carolina recognizes for foreign wills.
  • Recognized authority to collect the account: A bank typically requires proof of death and proof that the person requesting the funds has legal authority (letters testamentary/letters of administration or other court-issued proof accepted by that institution).

What the Statutes Say

Analysis

Apply the Rule to the Facts: The will described appears to use “universal” language giving the named person all present and future assets. Under North Carolina’s general rule that a will can pass all personal property owned at death, that kind of broad gift usually includes U.S. bank accounts that were not listed specifically, as long as those accounts are probate assets. The more immediate obstacle is proving authority in a form a North Carolina clerk and the U.S. bank will accept, especially when the will and death certificate originate outside the United States.

Process & Timing

  1. Who files: Typically the person named as executor in the will (or another eligible applicant if the named executor cannot or will not act). Where: The Clerk of Superior Court (Estates) in the North Carolina county with proper venue for the estate proceeding. What: An application to probate the will and request authority to act (or, in some situations, to probate without qualification), along with certified copies of the foreign will/probate materials and a death certificate that meets the bank’s and court’s requirements. When: As soon as possible, especially if the bank has started (or may start) an unclaimed property process.
  2. Clerk review of the foreign will package: When a will was probated outside the United States, the clerk typically looks for a properly certified set of documents showing the will and the foreign probate proceeding, and may require additional proof that the will was executed in a manner North Carolina recognizes for validity.
  3. Collecting the bank account: Once authority is issued/recognized, the personal representative uses the court-issued proof of authority plus the death certificate (and any bank-specific forms) to request release of the funds. If the bank requires an apostille for the death certificate or other documents, that is a bank compliance requirement rather than a substitute for North Carolina probate authority.

Exceptions & Pitfalls

  • Non-probate account designations: If the account has a payable-on-death beneficiary, joint owner with survivorship, or is titled to a trust, the will’s “all assets” language may not control that account.
  • Foreign documents that are “official” but not usable in North Carolina probate: A bank may ask for an apostille, while the clerk may need a different type of certification or additional proof about how the will was executed and admitted abroad. Planning for both requirements early avoids repeated rejections.
  • Assuming family can act without authority: Even if family members disagree with the will, banks commonly will not release funds to family without court-issued authority. If the named executor/heir is the proper person to act, having that person open the correct proceeding can be the fastest path to securing the funds.
  • Waiting too long to probate: North Carolina has time-sensitive rules affecting the effectiveness of probate against certain third parties, and practical delays can also complicate access to financial accounts.

For more background on cross-border paperwork issues, see getting an apostille for a death certificate and other probate documents and whether an ancillary probate can be used to collect U.S. bank accounts.

Conclusion

In North Carolina, broad will language giving “all assets” generally includes U.S. bank accounts that were not named specifically, as long as the accounts are probate assets and not controlled by beneficiary designations or survivorship title. The usual hurdle is proving authority in a form a North Carolina clerk of superior court and the bank will accept. The next step is to file the appropriate probate proceeding with the Clerk of Superior Court to obtain court-recognized authority to collect the accounts before they are treated as unclaimed property.

Talk to a Probate Attorney

If a family is trying to recover U.S. bank accounts after a death abroad and the only will was prepared outside the United States, our firm has experienced attorneys who can help sort out what North Carolina probate filing is needed and what documents the clerk and bank typically require. 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.