How do we get access to bank statements and account records to see whether money was moved or taken before or after the death? – North Carolina

Short Answer

In North Carolina, banks usually will not release full statements and transaction history to family members just because they are heirs. The cleanest way to get access is to open the estate and have someone appointed by the Clerk of Superior Court as the administrator, then use certified Letters of Administration (plus a death certificate) to request records. If records still are not produced or there are signs someone else is holding estate money, the administrator can ask the clerk to order an examination and recovery in a contested estate proceeding.

Understanding the Problem

In a North Carolina intestate estate (no will), adult children often need bank statements and account records to confirm what the decedent owned at death and whether transfers happened shortly before or after death. The key decision point is whether there is a court-appointed administrator with authority to act for the estate, because that appointment typically determines whether a financial institution will release detailed account information. The main office involved is the Clerk of Superior Court (as the probate judge) in the county where the estate is opened.

Apply the Law

North Carolina places probate and estate administration under the Superior Court division, exercised by the Clerk of Superior Court. Once an administrator qualifies, the administrator has authority to gather estate assets and records, open an estate account, and prepare required filings (including an inventory and accountings). If a third party is believed to be holding estate property or information needed to administer the estate, the administrator can use an estate proceeding before the clerk to seek an order requiring examination and, when appropriate, recovery.

Key Requirements

  • Authority to act for the estate: A bank typically looks for proof that someone has legal authority to request records (most often, certified Letters of Administration issued after qualification).
  • Identify the right “owner” of the account: Records access and recovery can depend on whether the account was solely owned, jointly owned with survivorship, payable-on-death, or held in trust/agency form.
  • A proper request (and sometimes a court order): Even with letters, some institutions require a written request, a certified death certificate, and specific account identifiers; if cooperation fails, the administrator may need an order from the Clerk of Superior Court in an estate proceeding.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the decedent died without a will and the adult children want to start (or confirm) a probate case and have one appointed as administrator. Under North Carolina practice, the administrator is the person who can reliably obtain bank statements and account records because the administrator can present certified Letters of Administration and make formal written requests for date-of-death balances, prior statements, and supporting documents like signature cards. If there is concern that money was moved, the administrator can use the clerk’s estate proceeding tools to require information and, when appropriate, seek recovery of estate property.

Process & Timing

  1. Who files: An adult child (or another qualified person) seeking appointment as administrator. Where: The Clerk of Superior Court (Estates Division) in the North Carolina county where the estate is opened. What: An application to qualify as administrator and request issuance of certified Letters of Administration; obtain multiple certified copies for banks. When: As soon as practical after death, especially if there is concern about missing funds or ongoing automatic withdrawals.
  2. Request bank records using the letters: After qualification, send written requests to each bank/credit union asking for (a) account numbers, (b) date-of-death balance, (c) interest information, (d) copies of statements for a defined period before and after death, and (e) copies of signature cards/account agreements showing ownership and any survivorship or beneficiary designations. Some institutions will only respond to the administrator directly, so requests may need to be signed by the administrator even if an attorney prepares them.
  3. If cooperation fails or money appears diverted: The administrator can ask the Clerk of Superior Court to handle the dispute as a contested estate proceeding and seek an order requiring examination of a person believed to have estate property or information, and (if appropriate) an order for delivery/recovery. In some cases, a separate civil action in Superior Court may be the better tool if broader remedies are needed.

Exceptions & Pitfalls

  • Heirs are not the same as the administrator: Even if the adult children are the only heirs, a bank may refuse to provide full statements until someone is officially appointed and can show certified letters.
  • Not every account is a probate asset: Joint accounts with survivorship and payable-on-death accounts can pass outside probate, but the ownership paperwork (often shown on the signature card or account agreement) matters. Records are still important to confirm what type of account it was and whether the estate may have a claim in limited situations.
  • Missing signature cards and bank mergers: Older accounts may have incomplete records or changed institutions; a bank may provide a confirmation of how it shows ownership rather than the original signature card.
  • Do not use the decedent’s Social Security number for a new estate account: After qualification, the administrator typically opens an estate checking account and should use an estate taxpayer identification number, then keep monthly statements for the required estate accountings.
  • Digital-only records: If statements are only available online, institutions may still require the same proof (letters/death certificate) before granting access or releasing records, and may require specific account identifiers.

For more detail on related probate paperwork, see probate filings for the inventory, accounting, and final distribution and move the deceased person’s bank accounts into the estate account.

Conclusion

In North Carolina, the most reliable way to get bank statements and account records after a death is to open the estate and have a Clerk of Superior Court appoint an administrator, then use certified Letters of Administration (and a death certificate) to request statements, date-of-death balances, and ownership documents. If a bank or another person will not provide information or appears to be holding estate funds, the administrator can ask the clerk for an order in a contested estate proceeding. Next step: file to qualify as administrator with the Clerk of Superior Court and obtain certified letters to send to each financial institution promptly.

Talk to a Probate Attorney

If a family is dealing with questions about bank withdrawals or transfers around the time of death, our firm has experienced attorneys who can help explain options and timelines under North Carolina probate procedures. 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.