Short Answer

In North Carolina, a duly appointed executor can request bank and credit union records using their Letters to see who accessed or moved funds after death. If an institution or person will not cooperate, the executor may file a verified petition with the Clerk of Superior Court to examine those involved and compel production or return of assets. Payable-on-death (POD) funds usually pass to the named beneficiary, but unauthorized post-death transfers can be pursued and recovered.

Understanding the Problem

You are the North Carolina executor and need to learn who moved money from a credit union checking account that was closed after death and who the POD beneficiaries are. You want to know what you can do—right now—to obtain records, identify any unauthorized post‑death transfers, and, if appropriate, get the money back through the Clerk of Superior Court.

Apply the Law

Under North Carolina law, a personal representative (executor or administrator) has the duty and authority to gather, safeguard, and account for estate assets. That includes obtaining bank and credit union statements, signature cards, and closing records to trace post‑death transactions. If voluntary cooperation fails, the executor can start an estate proceeding before the Clerk of Superior Court to examine anyone reasonably believed to have estate property or information and seek an order for recovery. POD accounts generally transfer to the named beneficiary outside probate; however, unauthorized withdrawals after death remain recoverable estate property. The Clerk’s office is the primary forum for these estate proceedings; a separate civil action in superior court can be used if injunctive relief is needed to freeze funds.

Key Requirements

• Be qualified and use your Letters: Present Letters Testamentary/Administration to the institution to obtain statements, signature cards, closing documents, and beneficiary designations.
• Open an estate account quickly: Use an EIN for the estate and route all receipts/disbursements through that account to preserve a clean audit trail.
• Trace transactions: Request full statements around the date of death and any logs for account closure, transfers, and online/mobile access events.
• Use the Clerk’s estate proceeding if needed: File a verified petition to examine persons and compel production or return of funds when cooperation is lacking.
• Know what passes outside probate: POD designations typically transfer directly to beneficiaries; identify them through the institution, but pursue post‑death unauthorized withdrawals as estate property.
• Escalate for urgent relief: If funds are at risk, file a civil action in superior court to seek provisional remedies (like injunctions) while you pursue recovery.
• Mind core deadlines: File the estate inventory within three months of qualification and include verified balances as of date of death; procedures and timelines can vary by county.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-15-12 (Actions to recover property; examination) – Lets an executor sue to recover estate property or petition the Clerk to examine persons and order recovery.
• North Carolina Gen. Stat. § 28A-2-6 (Estate proceeding procedures) – Applies civil procedure tools in estate proceedings; the Clerk can authorize discovery (including subpoenas).
• North Carolina Gen. Stat. § 28A-15-10 (Limited nonprobate assets available to pay claims) – Identifies nonprobate categories that can be reached to pay valid estate claims in limited circumstances.
• North Carolina Gen. Stat. § 54-109.57A (Credit union POD accounts) – Authorizes POD accounts at credit unions so funds are payable to the named beneficiary at death.

Analysis

Apply the Rule to the Facts: As executor, first use your Letters to request the credit union’s statements spanning the date of death, signature card, online access logs (if available), and the account’s closure/transfer records. That typically reveals who initiated the post‑death transfer. Ask the institutions holding the two POD accounts to identify the named beneficiaries and provide date‑of‑death balances. If a person or institution refuses or records suggest an unauthorized post‑death transfer, file a verified petition with the Clerk to examine the person and seek an order to deliver the funds back to the estate. If funds are dissipating, consider a superior court action for injunctive relief while pursuing recovery.

Process & Timing

1. Who files: Executor. Where: Clerk of Superior Court (Estates Division) in the North Carolina county of administration. What: 1) Written bank/credit union record requests with your Letters; 2) If needed, a verified petition to examine and recover property under G.S. 28A-15-12(b1) (no preprinted AOC form); 3) For urgent freezes, a civil action in superior court. When: Start record requests immediately; the inventory is due within three months of qualification.
2. After filing the estate petition, the Clerk issues notice and schedules a hearing. The Clerk can order examination, direct production of records, and, if appropriate, order delivery of property to the estate. Timing varies by county; many matters are heard within weeks once served.
3. With records in hand, update the inventory and, where transfers were unauthorized, seek an order for repayment or pursue judgment in a civil action. The expected outcome is an order compelling delivery or a judgment you can enforce.

Exceptions & Pitfalls

• POD and survivorship designations: These usually pass outside probate; identify beneficiaries through the institution. Recovery into the estate is limited and typically tied to paying valid estate claims or to undoing unauthorized post‑death transfers.
• Authorization timing: A power of attorney ends at death. Post‑death use of a decedent’s debit card or online banking is typically unauthorized and recoverable.
• Process missteps: In estate proceedings, proper service and a verified petition are critical. Ask the Clerk to authorize discovery tools (like subpoenas) if third parties will not produce records voluntarily.
• Record gaps: Request signature cards and closure records, not just monthly statements. These often identify who had authority and who initiated transfers.
• Estate account: Failing to open an estate checking account with an EIN complicates accounting and can delay court approval of your filings.

Talk to a Probate Attorney

If you’re dealing with missing funds or unclear beneficiaries on a deceased person’s accounts, 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.