Do I need to sign and notarize an authorization so the attorney can request estate account statements directly? – North Carolina

Short Answer

Often, yes. In North Carolina estate administration, banks and other financial institutions commonly require a signed (and sometimes notarized) authorization from the personal representative before they will release missing statements to the attorney’s office, even though the personal representative has legal authority to manage estate assets. If the attorney is trying to rebuild records for an overdue annual accounting and move the estate toward compliance and closing, signing the authorization is a common and practical step.

Understanding the Problem

In a North Carolina estate, can the personal representative sign (and notarize) an authorization that lets the attorney request missing bank or financial account statements directly so an annual accounting can be completed and filed with the Clerk of Superior Court? The issue usually comes up when statements are missing for certain months, the estate has been open for a while, and the estate needs complete records to bring the file back into compliance and move toward closing.

Apply the Law

Under North Carolina law, the personal representative (executor or administrator) is the person responsible for keeping records and filing required accountings with the Clerk of Superior Court. Accountings must show the reporting period, beginning balance, receipts, disbursements, distributions, and the assets still on hand, and the personal representative must be able to support disbursements with vouchers or other proof. In practice, banks will usually communicate most freely with the personal representative, and many institutions will only send statements to an attorney if the personal representative signs a written authorization (sometimes notarized) or the institution has its own internal form.

Key Requirements

  • Proper authority (who can authorize): The authorization should be signed by the court-appointed personal representative (the person with Letters Testamentary or Letters of Administration), not just a family member helping with paperwork.
  • Clear scope (what can be requested): The authorization should identify the institution, the account(s), and the date range of statements or transaction history needed so the request stays limited to estate administration purposes.
  • Accounting support (why it matters): The missing statements are typically needed to document receipts and disbursements and to support the annual accounting that is filed with (and reviewed by) the Clerk of Superior Court.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The estate has an annual accounting due, and key monthly statements are missing for several past months and recent months. Because the personal representative must file an accounting that is complete and supported by documentation, the attorney’s request for a signed (and notarized) authorization is a practical way to obtain the missing statements directly from the financial institutions. If the institutions will not release records to the law firm without that authorization, signing it helps the attorney reconstruct the estate’s receipts and disbursements and prepare a compliant filing with the Clerk.

Process & Timing

  1. Who signs: The personal representative. Where: Typically signed in front of a notary (if the institution requires notarization). What: The institution’s authorization form or a firm authorization letter that identifies the estate, the account(s), and the statement date range; the attorney will usually attach certified Letters Testamentary/Letters of Administration if needed. When: As soon as missing statements are identified, and especially before an overdue annual accounting is filed or corrected.
  2. Records request: The attorney sends the authorization and supporting documents to the bank/financial institution and requests duplicate statements, transaction histories, and (if needed) images of cleared checks or deposit items for the missing months. Timeframes vary by institution and how old the records are.
  3. Accounting filing: After the records are received and reconciled, the attorney prepares the annual (or amended) account for filing with the Clerk of Superior Court, with supporting documentation available for review as required by local practice.

Exceptions & Pitfalls

  • Notarization is not always a legal requirement, but it is often a bank requirement: Even when the personal representative has authority, a bank may still insist on its own notarized form before sending statements to anyone other than the personal representative.
  • Wrong person signs: If someone other than the court-appointed personal representative signs, the institution may reject the request and valuable time is lost.
  • Incomplete request: Missing account numbers, unclear date ranges, or not providing Letters can delay production of records and push the accounting past the due date.
  • Gaps in proof for disbursements: If statements show payments but receipts or canceled checks are missing, the accounting may still need additional “voucher” proof or other verified documentation to satisfy the Clerk.

Conclusion

In North Carolina, the personal representative is responsible for filing a complete annual accounting with the Clerk of Superior Court, supported by documentation of receipts and disbursements. Because banks often will not release missing statements directly to an attorney without written permission, signing (and if required, notarizing) an authorization is commonly needed to obtain the records and prepare a compliant accounting. The next step is to sign the authorization promptly so the statements can be requested and the annual account can be filed by the applicable deadline under N.C. Gen. Stat. § 28A-21-4.

Talk to a Probate Attorney

If an estate accounting is due and bank statements are missing, our firm has experienced attorneys who can help gather the records, prepare a compliant accounting, and explain the timelines for getting the estate back on track. 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.