Probate Q&A Series

How do I get itemized credit-card statements for a deceased person’s account to verify what the estate actually owes? – North Carolina

Short Answer

In North Carolina, the cleanest way to obtain itemized credit-card statements for a deceased person is for the estate’s personal representative (executor/administrator) to request them directly from the card issuer or the collector in writing and include proof of authority (letters testamentary/letters of administration) plus a certified death certificate. If a debt collector is involved, the request should also demand documentation showing the basis and amount of the claim so the personal representative can decide whether to pay, compromise, or reject it. If the creditor or collector will not provide adequate documentation, the estate can require the creditor to present a formal claim in the estate and then dispute it through the probate claims process.

Understanding the Problem

Under North Carolina probate practice, the key question is how a personal representative can obtain enough detail about a deceased person’s credit-card account activity to confirm what the estate actually owes before deciding whether the estate should pay the claim. The issue usually comes up when a debt collector asserts a balance but does not provide monthly statements, a transaction list, or an explanation of fees, interest, and credits. The decision point is whether the documentation provided is sufficient to verify the claim as a valid estate debt, or whether the claim should be treated as unproven and handled through the formal creditor-claim process in the estate.

Apply the Law

In North Carolina, a credit-card balance is typically handled as a creditor claim against the estate. The personal representative is the person with authority to administer the estate’s debts and to decide how to respond to claims. A creditor that wants to be paid generally must present a claim that is in writing and states the amount claimed and the basis for the claim. If the estate needs more detail to verify the amount, the personal representative can request itemization and supporting records (such as monthly statements, charge-off history, and a payment/credit history) from the creditor or collector. If the creditor later sues to collect, North Carolina evidence rules also recognize the use of verified itemized accounts in certain account-based cases, which is one reason itemization matters early.

Key Requirements

  • Authority to request records: The request should come from the court-appointed personal representative (or counsel for the personal representative) and include proof of appointment so the creditor has a clear basis to release account information.
  • A proper written claim has to state the basics: A creditor claim against an estate must be in writing and must state the amount (or other relief sought) and the basis for the claim, along with the claimant’s contact information.
  • Enough detail to verify the balance: To verify what the estate owes, the request should ask for a transaction-level itemization (charges, payments, credits, interest, fees) and the time period needed to reconcile the alleged balance.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, probate counsel is communicating with a debt collector about an alleged credit-card balance and has requested itemized statements to verify account activity. Because the estate’s personal representative is responsible for deciding whether a claim is valid and should be paid, the request should be framed as a documentation demand needed to evaluate the claim’s amount and basis under North Carolina’s estate-claims process. If the collector cannot provide monthly statements or a transaction-level itemization that explains the balance (including fees, interest, and credits), that gap supports treating the claim as unverified until it is properly documented and, if necessary, formally presented and disputed as an estate claim.

Process & Timing

  1. Who requests: The personal representative (or the personal representative’s attorney). Where: Directly to the original credit-card issuer and to the debt collector in writing. What: A written request asking for (i) monthly statements for a defined period, (ii) a full transaction history showing charges, payments, credits, interest, and fees, (iii) the date of default/charge-off (if any), and (iv) documents showing the collector’s authority to collect (if the debt was sold or assigned). Include a certified death certificate and a certified copy of letters testamentary/letters of administration. When: As early as possible after the claim is raised, so the estate can decide whether to pay, compromise, or reject before distributions are made.
  2. Require a formal claim if documents are not provided: If the collector continues to demand payment without adequate backup, the estate can insist that the creditor present a written claim that states the amount and basis as required by North Carolina law, and then the personal representative can dispute or deny it through the estate’s claims process.
  3. Escalate if needed: If the creditor files a claim and the estate disputes it, the dispute can be addressed through the probate process (and, if litigation follows, the creditor may need to prove the amount and basis of the debt with competent evidence, which often requires itemization).

Exceptions & Pitfalls

  • Requesting records without proof of authority: Credit-card issuers often refuse to release statements unless the request includes certified letters and a certified death certificate (and sometimes additional account identifiers). Missing documentation can delay verification.
  • Paying based on a “balance due” letter alone: A demand letter that lists only a lump-sum balance may not show whether the balance includes disputed fees, post-death interest, returned-payment charges, or credits. Itemization helps prevent paying the wrong amount.
  • Confusing informal collection contact with a probate claim: A collector contacting the estate does not automatically mean a proper claim has been presented in the estate. If the estate needs leverage, requiring a written claim that states the amount and basis can force the issue into the correct probate channel.
  • Overlooking the notice-to-creditors timeline: The personal representative’s handling of notice and claims affects when claims are barred and when the estate can safely move toward closing. For more background, see how creditor claims work in probate and whether the estate must notify potential creditors.

Conclusion

In North Carolina, itemized credit-card statements are usually obtained by having the estate’s personal representative (or counsel) send a written request to the card issuer and any debt collector with a certified death certificate and certified letters testamentary/letters of administration. The request should demand a transaction-level itemization that supports the amount and basis of the claim. If adequate documentation is not provided, the next step is to require the creditor to present a proper written claim in the estate so the personal representative can dispute or deny it within the probate claims process and track the notice-to-creditors deadlines.

Talk to a Probate Attorney

If a debt collector is asserting a credit-card balance against an estate and the documentation does not match the amount demanded, our firm has experienced attorneys who can help explain the probate claims process, what records to request, and how to protect the estate’s 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.