Short Answer

In North Carolina, financial institutions generally won’t disclose a decedent’s IRA balance to family members unless someone has legal authority. If you want to avoid full probate, you can use the small-estate “collection by affidavit” process 30+ days after death if the estate’s personal property is $20,000 or less (not a surviving-spouse case). With a certified affidavit, the IRA custodian must disclose and release funds, and a court can order compliance if they refuse. If the amount exceeds the limit, you’ll need a collector or administrator appointed.

Understanding the Problem

In North Carolina probate, can a parent learn the value of an adult child’s IRA without starting full probate? Here, the bank won’t disclose details because the IRA has no clear beneficiary. The mother and the grandchild are the heirs, and they want the amount before deciding whether to open an estate.

Apply the Law

Under North Carolina law, an IRA with no valid beneficiary designation is usually a probate asset, so the custodian looks for proof of authority before sharing information. Heirs don’t have a stand-alone right to account details. However, North Carolina offers a small-estate alternative: after 30 days, an eligible heir can file a collection-by-affidavit to collect and verify personal property up to the statutory cap without full probate. Presenting a certified affidavit requires the holder to provide the asset to the affiant; refusal can be addressed by court order and costs.

Key Requirements

• 30 days have passed: You must wait at least 30 days after death before filing a small-estate affidavit.
• Personal property ≤ $20,000: For non-spouse estates, the decedent’s net personal property must not exceed $20,000.
• No pending PR appointment: No personal representative appointment can be pending or granted.
• Proper affiant: An heir may file the affidavit in the county of the decedent’s domicile.
• Certified copies to the custodian: Presenting a certified affidavit obligates the IRA custodian to release information and assets to the affiant; refusal can be compelled.
• If over the limit: If the balance pushes the estate above $20,000, expect to convert to a collector or full administration.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-25-1 (Collection by affidavit — intestate) – Allows an heir to collect personal property by affidavit 30+ days after death if within the dollar cap.
• North Carolina Gen. Stat. § 28A-25-2 (Delivery; action to compel) – Holder must turn over property to the affiant; court may compel and tax costs against a noncompliant holder.
• North Carolina Gen. Stat. § 28A-11-1 (Collector) – Court may appoint a collector with authority to gather assets if there’s a delay in appointing a personal representative.
• North Carolina Gen. Stat. § 28A-2-6 (Estate proceedings; civil rules) – Explains when civil procedure tools (like subpoenas) apply after an estate proceeding is filed.

Analysis

Apply the Rule to the Facts: Because the IRA has no clear beneficiary, it likely falls to the estate, and the bank can insist on legal authority before disclosing the value. You and your grandchild are heirs, and more than 30 days have passed, so you can consider the small-estate affidavit if total personal property is $20,000 or less. Presenting certified copies of the affidavit to the IRA custodian should get the balance and release of funds; if the value exceeds the cap, you would pivot to a collector or administrator.

Process & Timing

1. Who files: An heir (the mother). Where: Clerk of Superior Court in the North Carolina county where the decedent lived. What: Affidavit for Collection of Personal Property of Decedent (AOC‑E‑203B), plus required details about heirs and assets; pay the fee. Forms are on nccourts.gov. When: File anytime **30+ days** after death if the estate fits the dollar cap.
2. Obtain several certified copies from the Clerk. Present a certified affidavit to the IRA custodian to obtain the date‑of‑death value and collect the asset. If the institution resists, consider an action to compel delivery.
3. If the IRA (or other assets) pushes the estate above $20,000, apply for appointment as collector or personal representative to proceed. Expect a court order (letters) authorizing information access and collection.

Exceptions & Pitfalls

• If a beneficiary was actually designated on the IRA, it bypasses the estate; only the named beneficiary can obtain information and claim it.
• If total personal property exceeds $20,000 (non-spouse estate), you can’t use the affidavit; you’ll need a collector or personal representative.
• Some custodians hesitate to honor affidavits. North Carolina law allows a court to compel delivery and assess costs against a noncompliant holder, but opening a formal estate may sometimes be more practical.
• Distribution to a minor heir requires special handling; you may need to pay funds to the Clerk or use a UTMA custodian before any payout.
• Subpoenas to banks generally require an estate proceeding on file. Without authority or a filed proceeding, you can’t compel disclosure.
• Check North Carolina unclaimed property (State Treasurer). If funds escheated, the listing can reveal a source and sometimes the amount; claiming usually requires proof of authority.

Talk to a Probate Attorney

If you’re trying to confirm an IRA’s value before deciding whether to open an estate, our firm can help you weigh the small‑estate affidavit versus a short, targeted appointment to gather information. Contact us to discuss your options and timing.

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.