Feb32026
Probate Q&A Series

What can we do if we suspect a deceased person’s ex-partner withdrew or redirected money before or after the death? – North Carolina

Short Answer

In North Carolina, the personal representative (executor/administrator) has the job of finding estate assets and can use court procedures to investigate and recover property that may have been taken or diverted. If an ex-partner withdrew money before death under a power of attorney or access to accounts, the estate may be able to demand records and pursue recovery through the Clerk of Superior Court or Superior Court. If money moved after death, quick action matters because accounts can be closed, funds can be transferred, and evidence can disappear.

Understanding the Problem

Under North Carolina probate law, the key question is whether money that should be part of a decedent’s estate (or payable to the correct beneficiary) was withdrawn, redirected, or kept by an ex-partner before or after the death. The decision point is usually whether the transfer was authorized and consistent with the decedent’s legal documents and account designations, or whether it was improper and needs to be investigated and potentially recovered through the estate process. This issue often comes up when an heir reviews an updated estate inventory after a change in personal representative and notices that certain bank, investment, or insurance-related items appear to be missing.

Apply the Law

In North Carolina, the personal representative is responsible for identifying, collecting, and protecting estate assets. When there is a reasonable basis to believe a third party has estate property (or information about it), the personal representative can ask the Clerk of Superior Court to require that person to be examined and to require delivery of estate property. In some situations, the personal representative may instead (or also) file a civil case in Superior Court to recover property and, when appropriate, seek court orders designed to preserve funds while the dispute is pending.

Key Requirements

  • Reasonable grounds to suspect missing property: There must be a concrete basis (for example, statements, transaction histories, beneficiary paperwork, or communications) to believe the ex-partner has estate property or knows where it went.
  • Correct “bucket” of property: The analysis depends on whether the money was (a) an estate asset, (b) a joint/survivorship or payable-on-death account, or (c) a non-probate asset like life insurance proceeds paid to a named beneficiary.
  • Use the right forum and tool: Many asset-discovery and recovery steps can be brought as an estate proceeding before the Clerk of Superior Court, but some cases call for a Superior Court civil action, especially when funds need to be frozen or traced quickly.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, an heir is reviewing an updated inventory after a change in personal representative and suspects an ex-partner may have withdrawn or redirected funds. That fact pattern usually calls for (1) confirming what assets existed and how they were titled or designated, (2) identifying the time window of the questionable transactions (before death vs. after death), and (3) using the personal representative’s authority to demand records and, if needed, start a court proceeding to examine the ex-partner and seek recovery. If the missing items involve beneficiary-designated assets (like insurance), the focus shifts to whether the beneficiary designation was changed and whether the change was valid.

Process & Timing

  1. Who acts: Usually the personal representative. Where: Clerk of Superior Court (estate file) in the county where the estate is administered; some disputes may be filed in Superior Court. What: Gather the inventory, prior inventories (if any), account statements, and beneficiary paperwork; request records from custodians and institutions; consider a petition/proceeding to examine a person believed to have estate property. When: As soon as missing assets are suspected, especially if funds may be moved again.
  2. Information-gathering step: Compare the updated inventory against available documents (mail, prior statements, online account access, check registers, and communications). If digital accounts may show transfers or account identifiers, the personal representative can use the documentation-based request process that applies to certain digital assets and account catalogues under North Carolina law.
  3. Recovery step: If the evidence supports it, the personal representative can pursue an estate proceeding to require examination of the ex-partner and seek an order for delivery of estate property. If funds need to be preserved or traced (for example, money moved out of an account quickly), a Superior Court civil action may be more effective because it can support stronger tools to preserve assets while the case is pending.

Exceptions & Pitfalls

  • Not everything belongs to the estate: Joint accounts with survivorship rights, payable-on-death accounts, and life insurance often pass outside probate. A “missing” asset on the inventory may be a non-probate transfer rather than theft, but it still may be reviewable if the designation was changed improperly.
  • Before-death authority issues: If the ex-partner had authorized access (for example, as an agent under a power of attorney or as a joint account holder), the estate may still challenge transactions that look like self-dealing, deception, or misuse, but the proof and remedies depend heavily on documents and timing.
  • After-death transactions are a red flag: Once a person dies, many forms of authority end. Withdrawals or redirects after death can raise serious issues, but the estate still needs bank records, account titling, and a clear timeline to prove what happened.
  • Delays and incomplete paper trails: Waiting too long can lead to closed accounts, lost statements, and harder tracing. A coordinated plan to request records, preserve evidence, and use the correct court procedure often matters more than informal demands.
  • Inventory disputes overlap but are not identical: If the concern started with an inventory that appears incomplete, it can help to review options to challenge or correct it, such as in challenge or correct an estate inventory and to address situations where property is being held by someone else, such as valuable personal property left off the inventory.

Conclusion

In North Carolina, suspected withdrawals or redirection of a decedent’s money by an ex-partner usually calls for a focused, document-driven investigation led by the personal representative, followed by a court process if the facts support recovery. The key is to identify whether the funds were estate assets or non-probate transfers, build a clear timeline of transactions, and use the Clerk of Superior Court (or Superior Court when needed) to compel information and recover property. The next step is to have the personal representative promptly file the appropriate petition or action in the county estate file once reasonable grounds are documented.

Talk to a Probate Attorney

If there is concern that an ex-partner withdrew or redirected money before or after a death, a probate case can turn on records, timing, and using the right court procedure to preserve and recover assets. Our firm has experienced attorneys who can help evaluate the inventory, identify the best next steps, and move quickly when funds may be at risk. 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.