Short Answer

In North Carolina, money in a joint or payable‑on‑death (POD) account usually passes to the surviving owner or named beneficiary outside probate. To challenge that result, you must first be appointed as the estate’s personal representative and then: (1) test whether the account was validly created (signed, written survivorship/POD terms), and (2) file an estate proceeding or civil action to recover funds if the transfer was invalid or if estate debts require recovery. Banks are typically protected; recovery is sought from the surviving spouse.

Understanding the Problem

In North Carolina probate, can you, as the child of a parent who died intestate, challenge a surviving spouse’s claim to a closed joint or POD bank account the spouse took after death? Here, the spouse closed the account and you want to serve as administrator to control assets and address estate debts.

Apply the Law

Under North Carolina law, valid joint accounts with right of survivorship and POD accounts transfer by contract to the survivor or beneficiary at death. Those funds are not ordinary probate assets, but the personal representative can recover some or all of the money if: (a) the survivorship/POD designation was not properly created in a signed writing that clearly states survivorship/POD, (b) the account resulted from wrongdoing (such as undue influence, lack of capacity, or misuse of a power of attorney), or (c) the estate lacks other personal property to pay allowed claims and the statutes permit recovery from the survivor. The Clerk of Superior Court (Estates Division) has original jurisdiction over an estate proceeding to examine and compel delivery; a separate Superior Court civil action is used when you need injunctions to freeze funds. After you qualify, you must publish notice to creditors within a set period, and a surviving spouse may still seek a year’s allowance within six months after letters are issued, which can affect available funds.

Key Requirements

• Get appointed: Seek Letters of Administration to obtain standing to examine, demand, and recover assets for the estate.
• Confirm the account type and paperwork: Obtain the signature card/account agreement; survivorship/POD must be in a signed writing that clearly states it.
• Grounds to challenge: Show defective creation (missing signatures or terms), undue influence/fraud/lack of capacity, fiduciary abuse, or that recovery is needed to pay estate claims.
• Choose the forum: File an estate proceeding before the Clerk to examine and compel delivery, or a Superior Court civil action if you need a temporary restraining order or injunction.
• Prove sources and contributions: Be ready to trace deposits and show the decedent’s share; equal-share or contribution rules can control how much is recoverable.
• Mind estate timelines: After qualification, publish notice to creditors; a spouse can still claim certain statutory benefits that may affect recoveries.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-15-12 (Proceeding to recover estate property) – Allows the personal representative to examine persons and recover property for the estate.
• North Carolina Gen. Stat. § 53C-6-6 (Joint bank accounts) – Governs how joint bank accounts are created and paid at death.
• North Carolina Gen. Stat. § 53C-6-7 (Payable-on-death accounts) – Sets requirements for creating and paying POD accounts.
• North Carolina Gen. Stat. § 41-2.1 (Right of survivorship by agreement) – Requires a signed writing that clearly provides for survivorship and outlines limited recovery for claims.

Analysis

Apply the Rule to the Facts: First, seek appointment as administrator so you can demand the account documents from the bank and spouse. If the signature card or agreement is missing required signatures or does not clearly state survivorship/POD, the decedent’s share may be an estate asset you can recover. Even if the account was validly set up, you can pursue recovery from the spouse if other personal assets are insufficient to pay estate costs, claims, and prioritized allowances, or if you have evidence of undue influence, lack of capacity, or misuse of a power of attorney.

Process & Timing

1. Who files: The child seeking to serve as administrator. Where: Clerk of Superior Court (Estates Division) in the North Carolina county of the decedent’s domicile. What: File Application for Letters of Administration (AOC‑E‑202). When: As soon as possible; after qualification, publish notice to creditors within the statutory period.
2. Investigate and secure records: Request the bank’s signature cards/account agreements, statements, and beneficiary designations; demand information from the spouse. If dissipation risk exists, consider a Superior Court civil action to seek a temporary restraining order.
3. File to recover funds: Start an estate proceeding under G.S. 28A‑15‑12 to examine the spouse and, if warranted, obtain an order compelling delivery. If you need injunctive relief or broader discovery, file a parallel or alternative civil action in Superior Court for recovery and equitable remedies. Apply any recovered funds to claims in the statutory order.

Exceptions & Pitfalls

• If survivorship/POD was properly created and the estate has enough other assets to pay claims, you generally cannot pull the funds in for distribution to heirs.
• The bank is usually discharged once it pays the survivor; recovery is pursued against the surviving spouse, not the financial institution.
• For some accounts, only the decedent’s share is reachable; equal-share or contribution‑based rules may limit recovery. Gather proof of contributions.
• A spouse may still claim a year’s allowance within six months of your appointment, which can take priority over creditors and affect available funds.
• Use the right forum: the Clerk’s estate proceeding lets you examine and compel delivery, but injunctions to freeze funds require a Superior Court civil action.

Talk to a Probate Attorney

If you’re dealing with a surviving spouse taking a joint or POD account and you need to protect the estate’s rights, our firm has experienced attorneys who can help you understand your options and 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.