Who is supposed to process an estate’s request for a deceased employee’s 401(k) records—the employer, the third-party benefits administrator, or the recordkeeper? – North Carolina

Short Answer

In most situations, the request for a deceased employee’s 401(k) records is handled by the plan’s plan administrator (often a third-party benefits administrator) and/or the recordkeeper, not the employer’s HR office. The employer usually serves as the starting point to identify the correct contact and confirm the plan’s process, but the employer often does not hold the detailed account records. In North Carolina probate, the person who typically has authority to request records is the court-appointed personal representative, using certified Letters and a death certificate.

Understanding the Problem

In North Carolina estate administration, a personal representative may need a deceased employee’s 401(k) statements, beneficiary paperwork, and tax forms to confirm what exists, who is entitled to receive it, and what must be reported or distributed. The practical question is which entity is responsible for responding to the estate’s request: the employer, a third-party benefits administrator, or the recordkeeper. The answer usually turns on which entity is designated to run the plan’s day-to-day administration and which entity actually maintains the account-level records.

Apply the Law

North Carolina probate law determines who has authority to act for the estate (typically the clerk-appointed personal representative). But most 401(k) plans are governed by federal retirement-plan rules and are administered through a defined chain of responsibility: the employer sponsors the plan, a plan administrator (sometimes the employer, often a third party) runs the plan’s administrative decisions, and a recordkeeper/custodian maintains the account platform and statements. As a result, the entity that “processes” a records request is usually the plan administrator and/or the recordkeeper, with the employer acting as the gateway to the right contact and forms.

Key Requirements

Proper authority: The request generally must come from the court-appointed personal representative (or an authorized attorney acting for the personal representative) and include proof of authority, typically certified Letters and a certified death certificate.
Correct plan contact: The request must be directed to the plan’s designated contact (often a third-party administrator or the recordkeeper’s decedent-claims unit), because HR commonly does not control the account records.
Specific, document-by-document request: Retirement-plan providers respond more reliably when the request lists exactly what is needed (for example, statements by date range, beneficiary designation forms, distribution election forms, and prior-year tax forms) and includes the participant’s identifying information used by the plan.

What the Statutes Say

N.C. Gen. Stat. § 36F-8 (Disclosure of digital assets of deceased user) – Allows a personal representative, with proper documentation, to obtain certain non-content digital assets from a custodian; this can help when retirement information is only available through an online account portal.

Analysis

Apply the Rule to the Facts: Here, a law-firm staff member is assisting with probate and needs 401(k) statements, signature cards, and tax forms. Under typical plan operations, the employer’s HR department can confirm whether the decedent participated in a 401(k) and provide the plan’s contact information, but the detailed account records are usually maintained by the recordkeeper and released through the plan administrator’s process. The estate’s request is most likely to be processed after the personal representative provides certified Letters and a death certificate and follows the plan’s decedent-claims workflow.

Process & Timing

Who files: The personal representative (or counsel for the personal representative). Where: First with the employer’s benefits/HR contact to identify the plan administrator and recordkeeper; then with the plan administrator/recordkeeper’s decedent-claims address or portal. What: A written request with a certified death certificate and certified Letters (Testamentary or of Administration), plus any plan-specific authorization forms. When: As soon as the personal representative is appointed, because plan providers often will not release information until authority is proven.
Next step: The plan administrator/recordkeeper typically sends a “decedent packet” (claim forms and instructions) and may require identity verification and a medallion signature guarantee for certain transactions. Processing times vary by provider and can take weeks, especially if beneficiary designations are unclear or the estate is the named beneficiary.
Final step: After the provider validates authority and the proper claimant, the provider releases the requested records and (if requested and appropriate) issues distribution paperwork or confirms rollover options for beneficiaries.

Exceptions & Pitfalls

Employer is not the “keeper” of the records: HR may only have enrollment confirmations and general plan information. Statements, transaction history, and many tax forms usually come from the recordkeeper.
Estate vs. beneficiary rights: If a living beneficiary is named, the plan may treat the beneficiary (not the estate) as the proper recipient of many account documents and distribution elections. If the estate is the beneficiary, the personal representative’s role becomes more direct.
Overbroad requests: Asking for “everything” without dates and document types can slow the response. A targeted list (statements by year, beneficiary designation, distribution elections, and tax forms) tends to move faster.
Online-only access issues: If key information exists only in an online portal, the provider may require additional steps before granting access or producing records; North Carolina’s digital-assets rules can support a properly documented request for certain categories of digital information.

Conclusion

In most North Carolina probate administrations, the employer helps identify the 401(k) plan contacts, but the plan’s third-party administrator and/or the recordkeeper usually processes the estate’s request for statements, beneficiary paperwork, and tax forms. The key threshold is authority: the personal representative generally must provide certified Letters and a certified death certificate, then follow the plan’s decedent-claims procedure. Next step: submit a written, document-specific request to the plan administrator/recordkeeper as soon as the personal representative is appointed.

Talk to a Probate Attorney

If an estate is trying to collect a deceased employee’s 401(k) records and the employer, third-party administrator, and recordkeeper are pointing fingers, our firm has experienced attorneys who can help clarify who has authority, what to request, and how to keep the administration moving. 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.