Jan262026
Probate Q&A Series

How do we find and collect a deceased person’s retirement accounts or pensions when I’m not sure what exists or whether beneficiaries were named? – North Carolina

Short Answer

In North Carolina, the practical way to find and collect a deceased person’s retirement accounts or pensions is to (1) get authority to act for the estate (Letters Testamentary/Letters of Administration), (2) use that authority to request information from likely plan custodians and former employers, and (3) determine whether each benefit is a “beneficiary-designation” asset (often paid outside probate) or an estate asset that must be collected by the personal representative. If beneficiaries were named, the plan usually pays them directly; if not, the plan often pays the estate after the personal representative provides the required documents.

Understanding the Problem

In North Carolina probate, the core question is how a personal representative can identify and collect a deceased person’s retirement accounts or pension benefits when account statements are missing and it is unclear whether a beneficiary designation exists. The decision point is whether each retirement benefit is payable directly to a named beneficiary (or other pay-on-death arrangement) or instead becomes part of the probate estate that the personal representative must gather and administer through the Clerk of Superior Court.

Apply the Law

North Carolina estate administration generally requires the personal representative to locate and marshal assets. Retirement accounts and pensions often follow beneficiary designations, meaning they may transfer outside the will and outside the probate estate. Even when an asset passes outside probate, it can still matter to the estate administration because the personal representative may need information for the inventory, to confirm what is and is not an estate asset, and to address creditor issues when the probate estate is short of funds.

Key Requirements

  • Authority to act: Financial institutions and plan administrators typically require proof of death and proof of authority (usually Letters Testamentary/Letters of Administration) before releasing detailed account information to a personal representative.
  • Identify the “payable path” for each benefit: Some benefits pay directly to a named beneficiary (non-probate), while others pay to the estate (probate) if no beneficiary is on file or if the designation fails.
  • Document and follow the plan’s claim process: Each custodian or pension system has its own claim forms and documentation checklist; delays often come from incomplete paperwork, mismatched names, or missing certified documents.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the will leaves assets to a family trust and the same person is expected to serve as personal representative, trustee, and an heir. That role combination makes it especially important to separate (1) retirement benefits that pay by beneficiary designation (often outside probate and outside the trust unless the trust is the beneficiary) from (2) retirement benefits that pay to the estate because no beneficiary is on file or the designation does not work. The first step is usually opening the estate to obtain Letters, because most plan administrators will not confirm balances, beneficiaries, or payout options without formal authority.

Process & Timing

  1. Who files: The nominated executor (or an eligible applicant if there is no qualified executor). Where: The Estates Division of the Clerk of Superior Court in the county where the estate is opened in North Carolina. What: Application to qualify and receive Letters (plus a certified death certificate and the original will, if any). When: As soon as practical, because Letters are commonly required to get information and to make claims.
  2. Identify likely sources: Review mail, email, tax documents, and bank records for clues (plan statements, required minimum distribution notices, rollover confirmations, employer HR mailers). Contact current and former employers to ask whether any pension, 401(k), 403(b), 457, or other retirement plan exists and where it is held. If online access is needed to locate statements, use the estate’s authority to request digital-asset disclosures where appropriate.
  3. Submit claims and collect: For each plan located, request the plan’s “decedent claim packet” and provide the documents it requires (often a certified death certificate and certified Letters). If the plan confirms a beneficiary, the plan typically pays that beneficiary directly. If the plan confirms no beneficiary (or a failed designation), the plan may pay the estate, and the personal representative then deposits the funds into the estate account and administers them under the will (including funding the trust as directed).

Exceptions & Pitfalls

  • “Will vs. beneficiary form” conflict: A will leaving everything to a trust does not automatically override a retirement account beneficiary designation. If the trust is not named on the plan paperwork, the plan may pay someone else.
  • Assuming “no statement means no account”: Many retirement plans are paperless. A missing statement often means the account is online, consolidated, rolled over, or held by a prior employer’s plan administrator.
  • Mixing roles and records: When the same person serves as personal representative and trustee, it is easy to blur what belongs to the probate estate versus the trust. Keeping separate checklists, bank accounts, and documentation reduces later disputes and accounting problems.
  • Unclaimed property and “lost” accounts: Some unpaid benefits eventually end up treated as unclaimed property. A search for unclaimed property can be a useful backstop when no custodian can be identified from records.
  • Plan-specific rules (including federal overlays): Many workplace retirement plans follow federal rules and have strict internal procedures. Even with Letters, a plan may require its own forms, medallion signature guarantees, or additional proof of identity before releasing information or paying a claim.

Conclusion

In North Carolina, locating and collecting a deceased person’s retirement accounts or pensions usually starts with qualifying as personal representative and obtaining Letters, then using those documents to request information and claim forms from employers and plan custodians. Each benefit must be sorted into (1) a beneficiary-designation payout (often outside probate) or (2) an estate payout when no beneficiary applies. The most important next step is to open the estate with the Clerk of Superior Court so the personal representative can request disclosures and submit claims.

Talk to a Probate Attorney

If you’re dealing with a North Carolina estate where retirement accounts or pensions may exist but the paperwork is missing, our firm has experienced attorneys who can help you build a search plan, request the right disclosures, and keep probate and trust administration 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.

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.