Jan262026
Probate Q&A Series

Can a caregiver or caretaker legally tell me where the deceased person banked, or do I need court paperwork first? – North Carolina

Short Answer

In North Carolina, a caregiver or caretaker usually is not legally required (and often is not legally allowed) to disclose a deceased person’s banking information to family members or other interested people. In most cases, the person with clear authority to request account information is the court-appointed personal representative (executor/administrator) using Letters Testamentary or Letters of Administration. If there is no personal representative yet, the next step is typically to open the estate (or use a small-estate procedure if it applies) so banks and other custodians will communicate with the right person.

Understanding the Problem

Under North Carolina probate practice, the decision point is whether someone other than the court-appointed personal representative can lawfully identify where the deceased person banked. The issue usually comes up when a family member is trying to locate accounts after a death, a caregiver says banking details cannot be shared, and no one has qualified through the Clerk of Superior Court yet. The practical question is whether court paperwork is needed before third parties will provide account information and records.

Apply the Law

North Carolina generally treats financial account information as confidential, and banks and other custodians typically require proof of legal authority before they will confirm accounts or provide records. In probate, that authority usually comes from qualifying as the estate’s personal representative (executor under a will, or administrator if there is no will) through the Clerk of Superior Court and obtaining certified Letters. Once qualified, the personal representative has the duty to locate, collect, and safeguard estate assets and can use formal tools to discover assets held by third parties when necessary.

Key Requirements

  • Proper authority: A bank or other custodian typically requires certified Letters Testamentary or Letters of Administration (or another recognized probate shortcut, if available) before it will discuss or release information about a deceased customer’s accounts.
  • Asset discovery duty: The personal representative is responsible for identifying and assembling the decedent’s assets, which includes tracking down bank accounts and balances.
  • Discovery tools if a third party is holding information or property: If there are reasonable grounds to believe a third party has estate property or information, the personal representative can use a special proceeding to compel disclosure or delivery through the Clerk of Superior Court.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a situation where assets are suspected but the accounts are unknown, and a caregiver has said banking information cannot be disclosed. That response is common because a caregiver usually does not have legal authority to release private financial details and may risk liability or employment consequences by sharing them. In contrast, once a personal representative qualifies and obtains certified Letters, banks and other institutions are far more likely to confirm accounts and provide the information needed to administer the estate.

Process & Timing

  1. Who files: The person seeking authority to handle the estate (often the named executor in the will, or an eligible family member if there is no will). Where: The Clerk of Superior Court in the county where the decedent lived at death. What: An application to qualify as personal representative and obtain certified Letters (Letters Testamentary or Letters of Administration). When: As soon as practical after death, especially if bills, property, or accounts need immediate attention.
  2. Use the Letters to gather information: After qualification, the personal representative typically requests date-of-death balances, statements, and account ownership/beneficiary information from banks and other custodians. If the decedent used online banking, the personal representative may also need to request access to certain digital account information using the death certificate and certified Letters.
  3. If a third party is withholding information or property: When there are reasonable grounds to believe a third party has estate property or information (for example, records, checkbooks, or account details), the personal representative can ask the Clerk of Superior Court to require the third party to appear and be examined, and the Clerk can order delivery of property to the estate.

Exceptions & Pitfalls

  • Caregiver knowledge vs. legal permission: A caregiver might know where the decedent banked, but that does not mean the caregiver has legal authority to disclose it to family members. Even if disclosure is not illegal in a specific case, many caregivers and agencies have confidentiality rules that effectively prevent sharing.
  • Power of attorney ends at death: A financial power of attorney generally stops working at death, so paperwork that helped during life usually will not substitute for probate authority after death.
  • Non-probate accounts: Some accounts pass outside probate (for example, payable-on-death or joint accounts). Even then, banks often still require documentation (and they may communicate only with the named beneficiary or surviving joint owner).
  • Trying to “fish” without authority: Calling banks without Letters often leads to dead ends. A better approach is to qualify first, then make targeted written requests using certified Letters and a death certificate.

For more practical ways to track down accounts, see find out what bank accounts or other assets a parent had and find investment or retirement accounts without account numbers.

Conclusion

In North Carolina, a caregiver or caretaker usually is not the right person to disclose where a deceased person banked, and banks typically will not confirm accounts without proof of authority. The clearest path is to qualify as the estate’s personal representative through the Clerk of Superior Court and obtain certified Letters, then use those Letters (and a death certificate) to request account information. Next step: file to open the estate and obtain Letters so financial institutions will release the information needed to locate and administer assets.

Talk to a Probate Attorney

If you’re dealing with a death and cannot identify bank accounts or get institutions to release information, our firm has experienced attorneys who can help explain the probate steps, what paperwork is needed, and how to move quickly to protect estate assets. 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.