Jan282026
Probate Q&A Series

How can I access money that’s tied up with a company that handled the deceased person’s finances or payments? – North Carolina

Short Answer

In North Carolina, most companies will not release a deceased person’s money or detailed account information until someone has legal authority to act for the estate. That authority usually comes from the Clerk of Superior Court through letters testamentary (if there is a will) or letters of administration (if there is no will). If the estate is small enough, a small-estate affidavit may allow limited collection without a full probate case, but it has strict requirements and dollar limits.

Understanding the Problem

In North Carolina probate, the key question is: can a family member or other responsible person make a company release funds or disclose account details when the company handled the deceased person’s finances or payments, but no one knows what accounts exist or how much is in them? This issue usually turns on whether a legally recognized estate representative has been appointed by the Clerk of Superior Court and can prove that authority to the company holding the funds.

Apply the Law

Under North Carolina law, the main way to access money held by a bank, payment processor, brokerage, employer, or other company is for a personal representative (executor/administrator) to qualify through the estate process handled by the Clerk of Superior Court. Once appointed, the personal representative can request information, collect estate property, and take reasonable steps to locate and secure assets. If the estate qualifies as a small estate, a certified small-estate affidavit may be accepted by some custodians in place of full letters, depending on the asset and the institution’s policies.

Key Requirements

  • Legal authority to act for the estate: Companies typically require certified letters testamentary/letters of administration (or, in limited situations, a certified small-estate affidavit) before they will discuss balances or release funds.
  • Enough identifying information to locate the account: Even with authority, the company often needs an account number, username, address, or other identifier, plus proof linking the deceased person to the account.
  • A proper request to the right place: The request should go to the company’s estate/decedent department (or legal/compliance) and should ask for the specific information needed to administer the estate (date-of-death balance, accrued interest, ownership type, beneficiary designations, and any restrictions on withdrawal).

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, there is a belief that assets exist, but the accounts and balances are unknown, and a caregiver/caretaker indicated they could not disclose banking information. That response is common because caregivers and many companies do not have legal authority to share private financial details with anyone other than an appointed personal representative (or someone using a valid small-estate procedure). The practical path is to (1) get authority from the Clerk of Superior Court and then (2) use that authority to request disclosures and release of funds from the company holding the money.

Process & Timing

  1. Who files: The person seeking authority to handle the estate (often the named executor in a will, or an eligible family member if there is no will). Where: The Clerk of Superior Court in the county where the estate is opened in North Carolina. What: An application to qualify as personal representative (to receive letters testamentary or letters of administration) or, if eligible, a small-estate affidavit procedure. When: As soon as practical after death, especially if bills, rent, or asset protection issues are time-sensitive.
  2. Information-gathering once authority is issued: After receiving certified letters (or a certified small-estate affidavit, if applicable), send written requests to likely institutions and companies that handled payments. A good request typically asks whether the deceased had any funds on deposit on the date of death and requests the date-of-death balance, interest information, account ownership type, and any restrictions on withdrawal. Some institutions will only respond if the request is signed by the personal representative, even if an attorney is assisting.
  3. Collection or escalation: If the company confirms funds exist, it will usually provide its estate claim packet and instructions to transfer the funds to an estate account or issue a check payable to the estate. If the company refuses to cooperate despite proper authority, the next step is often to seek an order through the Clerk of Superior Court to compel delivery of estate property, tailored to the specific asset and holder.

Exceptions & Pitfalls

  • Not everything is a probate asset: Some money passes outside probate (for example, accounts with a payable-on-death beneficiary or certain jointly owned accounts). A company may require beneficiary paperwork rather than estate letters, depending on how the account is titled.
  • “Company handled payments” can mean different things: The funds might be wages, refunds, benefits, a prepaid balance, or a payment account. Each category can have different internal requirements, even when the same legal authority is presented.
  • Missing identifiers slow everything down: Many institutions will not search without at least basic identifiers (full legal name, prior addresses, last four of SSN if available, date of birth, and date of death). For online accounts, North Carolina’s digital assets law allows custodians to request account identifiers and proof linking the account before disclosing information.
  • Small-estate limits and surprises: A small-estate approach can fail if an “unknown” asset later appears and pushes the estate over the limit. When that happens, a personal representative may need to qualify and the person who collected property by affidavit may have to turn over assets and account for what was collected.
  • Unclaimed property issues: If funds were abandoned or escheated, the money may be with the State rather than the company, and the claim process changes.

Related reading can help with the “unknown accounts” problem, including finding investment or retirement accounts without statements and locating assets through public records.

Conclusion

In North Carolina, accessing money held by a company that handled a deceased person’s finances usually requires formal authority from the Clerk of Superior Court—typically letters testamentary or letters of administration—before the company will disclose balances or release funds. A small-estate affidavit may work in limited cases, but it has strict eligibility limits and may not fit once unknown assets are discovered. The most reliable next step is to open the estate and obtain certified letters from the Clerk of Superior Court so written demands can be made to the company holding the funds.

Talk to a Probate Attorney

If there is money tied up with a bank, payment platform, employer, or other company and account details are not being disclosed, our firm has experienced attorneys who can help clarify what authority is needed and what steps to take with the Clerk of Superior Court and the company’s estate department. 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.