Jan282026
Probate Q&A Series

How can I prove whether a deceased person’s bank account was joint or individual if the bank can’t produce the signature card? – North Carolina

Short Answer

In North Carolina, the cleanest proof of a joint account with survivorship is the written account agreement (often the signature card) signed by all account owners. If the bank cannot produce that document, the account’s ownership usually has to be proven with other bank records and evidence of how the account was opened and used, and the issue may need to be decided in the probate proceeding. Practically, estates often treat the account as “unconfirmed” until the bank provides a substitute contract record or a court resolves the dispute.

Understanding the Problem

In a North Carolina probate administration, a personal representative may need to determine whether a deceased person’s bank account was an individual account (an estate asset) or a joint account that passes to a surviving co-owner. The decision point is whether there is reliable proof of the account’s legal “contract” terms—especially whether the account was set up with a right of survivorship—when the bank cannot locate the signature card for an older account.

Apply the Law

Under North Carolina law, a joint deposit account can pass to a surviving co-owner at death only if the right of survivorship was created the way the governing statute and the account contract require—typically through a written agreement signed by the parties that clearly elects survivorship. When the written agreement cannot be produced, ownership may turn on other admissible evidence about (1) what contract the bank used for that account at the time it was opened, and (2) whether the required survivorship election and signatures were actually made. If survivorship cannot be proven, the account may be treated as an estate asset (or, in some disputes, as jointly titled without survivorship where ownership depends on contributions and intent).

Key Requirements

  • A written account agreement exists for the specific account: Survivorship rights generally must be created by a written agreement tied to the particular account (not just a general assumption based on other accounts at the same bank).
  • Clear survivorship language: The paperwork must expressly provide for “right of survivorship” (a mere “joint” label or informal understanding is often not enough).
  • Proper signatures: The required parties generally must have signed the survivorship election or agreement; missing signatures can defeat survivorship and force the probate court to decide ownership.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the estate requested statements and signature cards, and the bank produced statements but not the signature cards for two older accounts. Without the written account agreement showing survivorship language and signatures, the estate typically cannot simply assume the accounts were survivorship accounts. The practical next step is to build proof from substitute bank records (and, if needed, court process) to determine whether the accounts were individual, joint without survivorship, or joint with survivorship.

Process & Timing

  1. Who gathers proof: The personal representative (often through probate counsel). Where: The estate administration is supervised by the Clerk of Superior Court in the county where the estate is opened. What: A written records request to the bank for the “deposit account agreement” and any archived account-opening documents (not just the signature card), plus any account maintenance history showing ownership type changes. When: As early as possible in the administration, before filing an inventory or making distributions that depend on whether the account is an estate asset.
  2. Request substitute contract records: Ask the bank for archived images, microfilm, account-opening platform printouts, historical “account title” screens, the bank’s standard form agreement in effect on the opening date, and any later change-of-ownership forms. If the bank claims the record was destroyed under retention policies, request a written certification describing what was searched, what exists, and what does not.
  3. Escalate through the probate proceeding if needed: If ownership affects the estate inventory or a dispute arises with a purported surviving owner, the personal representative may need to seek direction from the Clerk of Superior Court or pursue formal discovery/subpoenas in the appropriate court proceeding to compel production of bank records or testimony from a records custodian.

Exceptions & Pitfalls

  • “Joint” is not always “survivorship”: North Carolina statutes focus on what the written agreement says. A statement showing two names on a statement may not prove survivorship by itself if the survivorship election cannot be shown.
  • Missing signatures can change the outcome: Even if a bank’s paperwork shows a survivorship box was selected, survivorship can fail if the required party did not sign the agreement.
  • Do not assume other accounts control this one: Survivorship rights generally must be created for the specific account. A survivorship agreement for one account does not automatically carry over to a different account number, even at the same institution.
  • Source-of-funds disputes: If survivorship is not proven and the account is treated as jointly titled without survivorship, ownership may turn on evidence such as who contributed the funds, the depositor’s intent, and whether a gift was intended—issues that can require testimony and detailed tracing.
  • Reporting risk: If the personal representative excludes an account from the estate without solid proof, an heir or creditor may challenge the inventory. Many estates take a conservative approach and disclose the account as “ownership disputed/unconfirmed” until documentation is obtained or the court rules.

Conclusion

In North Carolina, proving a deceased person’s account was joint with survivorship usually requires a written account agreement (often the signature card) signed by the account owners that clearly elects survivorship under statutes like N.C. Gen. Stat. § 41-2.1. If the bank cannot produce that document, the estate should build proof using substitute bank records and, if necessary, ask the Clerk of Superior Court to resolve the ownership question in the probate proceeding. The next step is to request archived account-opening and maintenance records from the bank before filing an inventory that depends on the account’s status.

Talk to a Probate Attorney

If an estate is dealing with missing bank signature cards and uncertainty about whether an account passes by survivorship or through probate, our firm has experienced attorneys who can help clarify the proof needed and the options for getting records or a court ruling. Call us today at [CONTACT NUMBER].

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.