Jan282026
Probate Q&A Series

What can I file in probate court to show whether a bank account had rights of survivorship when the original account documents are missing? – North Carolina

Short Answer

In North Carolina, the cleanest way to prove a bank account had a right of survivorship is the bank’s written account agreement (often the signature card) signed by all account owners and expressly stating survivorship. When the original signature card is missing, a probate filing often focuses on getting a certified business-records affidavit and “true and complete copy” certification from the financial institution for any substitute account-opening documents, account contract, or archived records that show the survivorship election. If the survivorship writing cannot be produced, the estate may need to ask the Clerk of Superior Court (Estate Division) to decide how the account should be treated for estate administration purposes.

Understanding the Problem

In a North Carolina estate administration, can an estate file something in probate court to establish whether a decedent’s bank account passed to a surviving co-owner by “right of survivorship” when the bank cannot locate the original signature card or account-opening paperwork? The practical issue is proving what the account contract said at the time the account was created, because survivorship depends on the account’s written terms and signatures, not just on later bank statements.

Apply the Law

North Carolina recognizes survivorship in deposit accounts when the account is created by a signed written agreement that expressly provides for survivorship. For many accounts, the signature card is the key document, but the statute allows a separate written instrument as well. If the required written survivorship agreement cannot be shown, the account may be treated as not having survivorship (or as having unclear ownership), and the Clerk of Superior Court may need to resolve what portion, if any, is an estate asset that must be inventoried and administered.

Key Requirements

  • A written account agreement exists: Survivorship in a deposit account is normally proven by a written document that governs the account (often a signature card or account contract).
  • All required parties signed: For statutory survivorship accounts, all joint tenants generally must have signed the survivorship agreement; missing signatures can defeat survivorship.
  • Survivorship is expressly stated: The writing must clearly say the account has a right of survivorship; labels and informal descriptions are often not enough if the contract language is missing.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the estate requested both statements and signature cards for multiple accounts, and the bank produced statements but could not locate signature cards for two older accounts. Under North Carolina practice, statements alone often do not answer the survivorship question because survivorship turns on the written account agreement and signatures. The most effective probate filing is usually one that puts admissible substitute bank records in front of the Clerk (or asks the Clerk to order production) showing whether the account contract included a survivorship election.

Process & Timing

  1. Who files: The personal representative (executor/administrator) or an interested person in the estate. Where: The Clerk of Superior Court (Estates) in the county where the estate is being administered. What: A motion/petition asking the Clerk to determine whether the account is a survivorship account (or to compel production of bank account-opening records), supported by a sworn affidavit and authenticated bank records (for example, a custodian-of-records affidavit and certified copies of any account agreement, archived signature-card image, “customer access agreement,” account terms, or other bank-maintained records that identify the account and the survivorship election). When: As early as practical, because the answer affects what must be listed on the estate inventory and later accountings.
  2. Evidence package: Attach (a) the statements already received, (b) the bank’s written response confirming the signature card is missing, and (c) any substitute documents the bank can certify as true and complete copies from its records (including archived images, microfilm, or system-generated account-opening screens/printouts if the institution maintains them as part of its regular records).
  3. Clerk’s decision or order: The Clerk may set a hearing, decide based on the filings, or enter an order directing the bank (or a third party) to produce additional records. The outcome typically clarifies whether the account is treated as passing outside the estate by survivorship or whether some or all of the balance must be administered as an estate asset.

Exceptions & Pitfalls

  • Statements can be misleading: Monthly statements may show two names, but that does not always prove a statutory right of survivorship because the controlling issue is what the signed account contract says.
  • Missing signatures matter: Even if a survivorship box was checked, survivorship can fail if all required parties did not sign the survivorship agreement.
  • Wrong account, wrong era: Survivorship rights generally do not “carry over” automatically if an old account was closed and funds were moved into a new account; the estate often needs the specific writing for the specific account number/time period.
  • Bank record retention limits: Older accounts may have been converted, merged, or moved between systems. A targeted request for “archived account-opening documents” and a custodian certification can be more productive than a generic request for a “signature card.”
  • Inventory risk: If survivorship cannot be confirmed, some Clerks expect the estate to take a conservative approach and disclose the account on the inventory (or disclose the dispute) until the ownership question is resolved.

For additional background on how survivorship accounts are treated in estate administration, see can’t confirm whether a bank account passes outside the estate through survivorship and what happens to a joint bank account after a co-owner dies.

Conclusion

In North Carolina, survivorship in a deposit account is usually proven by a signed written account agreement that expressly creates the right of survivorship, often the signature card or a separate account-opening instrument. When the original signature card is missing, the most useful probate filing is a motion or petition asking the Clerk of Superior Court (Estates) to determine the account’s survivorship status (and, if needed, to order production), supported by a custodian-of-records affidavit and certified substitute bank records that identify the account and the survivorship election. The next step is to file that request early enough to keep the estate inventory accurate.

Talk to a Probate Attorney

If dealing with missing bank signature cards is delaying a North Carolina probate administration or creating a dispute about whether an account passes by survivorship, our firm has experienced attorneys who can help clarify what to request from the bank and what to file with the Clerk. 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.