Feb32026
Probate Q&A Series

How do I find out whether I am still a beneficiary on my parent’s investment accounts that were supposed to pass outside of probate? – North Carolina

Short Answer

In North Carolina, investment accounts often pass outside probate through a beneficiary designation (commonly shown as TOD/POD) or joint ownership with survivorship. The most reliable way to confirm whether a person is still named is to get the current beneficiary/registration record directly from the financial institution (or through the estate’s personal representative if the institution will not release it to anyone else). If there are concerns that changes were made when the surviving parent lacked capacity, it is still possible to investigate and, if appropriate, challenge the change—but the first step is documenting what the account is titled as today and what it was titled as before.

Understanding the Problem

In North Carolina probate and trust administration, the key question is: can a child confirm whether a parent’s brokerage or other investment account will transfer at death by beneficiary designation (such as “TOD” or “POD”) and whether that child is still the named beneficiary. This issue usually comes up after a death or during a surviving parent’s lifetime when family members believe account paperwork was changed. The practical decision point is whether the financial institution will disclose the current beneficiary/registration information directly, or whether the request must go through the account owner (if living) or the estate’s personal representative (if the owner has died).

Apply the Law

North Carolina recognizes “transfer on death” (TOD) registration for securities and securities accounts. A TOD/POD designation generally works by contract with the financial institution and does not change ownership while the owner is alive; it becomes effective at death. North Carolina law also allows the owner to cancel or change a TOD beneficiary during life without the beneficiary’s consent. In practice, that means a person who was once listed as a beneficiary may be removed later, and the only way to know is to confirm the current registration/beneficiary record with the institution (and, when relevant, to obtain prior versions to see when and how changes were made).

Key Requirements

  • Identify the account and how it passes: Determine whether the investment is titled as TOD/POD, joint with right of survivorship, or owned by a trust. The title controls who has authority to request information and what documents the institution will require.
  • Get the institution’s current record: The controlling document is usually the institution’s beneficiary designation/registration on file (often tied to the account opening form or later change forms). Account statements alone may not show the full beneficiary setup.
  • Use the right requester and paperwork: If the account owner is alive, the owner (or a valid agent under a power of attorney) is typically the person who can obtain beneficiary details. If the owner has died, the personal representative often has the clearest authority to request account records needed to administer the estate and address creditor issues.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe concerns that, after one parent died, the surviving parent signed documents revoking a joint revocable trust and removing a family member from roles, and that the surviving parent may have lacked capacity due to serious cognitive and medical issues. For investment accounts that pass outside probate, the immediate legal reality is that the owner could change TOD/POD beneficiaries during life without the beneficiary’s consent, so the current beneficiary status cannot be assumed. The practical next step is to obtain the institution’s current TOD/POD registration and any change history to see whether a change occurred and when—because timing and who initiated the change often matter when capacity is in question.

Process & Timing

  1. Who requests: If the parent is living, the account owner (or a properly authorized agent) typically requests the beneficiary/registration details. If the parent has died, the personal representative (executor/administrator) is usually the best-positioned person to request records. Where: the brokerage firm or financial institution’s estate/beneficiary department. What: request the “current TOD/POD beneficiary designation/registration on file,” plus the “account opening documents” and “all beneficiary change forms/letters of instruction” (and, if applicable, the institution’s confirmation notices). When: as soon as there is a reason to believe changes were made or records could be lost; institutions can take weeks to process document requests.
  2. Provide standard death/authority documents when applicable: Institutions commonly require a certified death certificate and proof of authority for the requester (for example, Letters Testamentary/Letters of Administration for a personal representative). For brokerage accounts held in “street name,” institutions often require additional estate-processing paperwork before they will move or retitle assets, and they may require an affidavit of domicile or similar internal forms.
  3. Confirm the outcome in writing: Ask for a written confirmation of the account’s current registration (for example, whether it is titled with “TOD/POD” and the named beneficiaries) and keep copies of everything submitted. If the institution refuses to disclose to anyone other than the owner or personal representative, the next step is usually to route the request through the person with legal authority rather than relying on informal family communications.

Exceptions & Pitfalls

  • Privacy roadblocks: Many institutions will not tell a potential beneficiary whether they are named while the owner is alive. Even after death, they may require the request to come from the personal representative or require specific internal forms.
  • Statements can be misleading: Monthly statements may not show the full beneficiary designation, contingent beneficiaries, or the exact legal registration. The institution’s “on file” designation controls.
  • Account type matters: TOD securities accounts, POD bank accounts, joint accounts with survivorship, and trust-owned accounts each have different paperwork and different “who can request” rules. Mixing them up can cause delays and incomplete answers.
  • Capacity concerns require documentation: If the concern is that the surviving parent lacked capacity when changes were made, the most useful early evidence often includes the date of the change, who submitted it, what documents were signed, and what the institution relied on to accept the change.
  • Do not assume “outside probate” means “outside the estate forever”: Even when an asset passes by TOD/POD, North Carolina law can still allow certain estate-related claims in limited situations, so the personal representative may still need information about those assets.

Related reading may be helpful on changed beneficiary forms while a relative was incapacitated and undue influence concerns involving trust or beneficiary changes.

Conclusion

In North Carolina, a TOD/POD beneficiary designation on an investment account generally has no effect until the owner’s death and can usually be changed during life without the beneficiary’s consent. To find out whether a person is still named, the key step is obtaining the financial institution’s current beneficiary/registration record (and, when needed, prior change records) through the account owner or the estate’s personal representative. The next step is to submit a written request to the institution’s estate/beneficiary department with the required proof of authority and ask for the current designation and change history.

Talk to a Probate Attorney

If you’re dealing with questions about whether an investment account will pass by TOD/POD and whether beneficiary paperwork was changed when a parent may have lacked capacity, our firm has experienced attorneys who can help explain options, gather the right records, and identify timelines. 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.