Jan172026
Probate Q&A Series

How can I get access to my spouse’s bank account and other funds if everything is only in their name? – North Carolina

Short Answer

In North Carolina, a surviving spouse usually cannot access a deceased spouse’s bank account (or other accounts titled only in the decedent’s name) until there is legal authority to act for the estate. The two most common ways to get that authority are (1) qualifying as the personal representative and using letters testamentary/letters of administration, or (2) using a clerk-issued year’s allowance order to transfer certain personal property quickly. If a personal representative is appointed, a spousal allowance claim generally must be filed within six months after the letters are issued.

Understanding the Problem

In North Carolina probate, the key question is: when a spouse dies with accounts and other assets titled only in the decedent’s name, what legal authority allows the surviving spouse to access money to keep bills paid and services running while the estate is being handled? The usual decision point is whether access should come through an estate appointment (so a personal representative can deal with banks and other institutions) or through a spousal allowance process that can move certain personal property to the surviving spouse sooner.

Apply the Law

North Carolina generally treats an account titled only in the decedent’s name as estate property that a bank will not release just because someone is the surviving spouse. Instead, banks and other institutions typically require court-issued authority (like letters) or a clerk’s order that specifically awards property to the surviving spouse (like a year’s allowance order). The main forum is the Clerk of Superior Court (Estates) in the county where venue is proper for the estate proceeding.

Key Requirements

  • Proof of authority: A financial institution usually needs court-issued authority (letters testamentary/letters of administration) or a clerk’s order (such as an allowance order) before it will release funds titled only in the decedent’s name.
  • Proper filing with the Clerk of Superior Court: A spousal allowance is claimed by filing a verified petition with the clerk in the proper county, and the clerk assigns specific personal property (often cash and accounts) to satisfy the allowance.
  • Watch the allowance deadline if letters are issued: If a personal representative has been appointed, the surviving spouse generally must file the spousal allowance claim within six months after the letters are issued.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the spouse died with a checking account and retirement-related assets titled only in the decedent’s name, and the surviving spouse needs money for day-to-day expenses and to keep services (like a phone account) active. Under North Carolina practice, the fastest path to lawful access is often either (1) getting a clerk-issued year’s allowance order that awards specific personal property (which can include cash/accounts) to the surviving spouse, or (2) opening an estate and qualifying as personal representative so banks will accept letters and release estate funds for proper estate purposes. If letters are issued first, the spousal allowance filing clock becomes important because the claim generally must be made within six months after letters issue.

Process & Timing

  1. Who files: The surviving spouse (or a permitted representative) files. Where: The Clerk of Superior Court (Estates) in the county where venue is proper. What: A verified petition/application for a spouse’s year’s allowance (commonly handled using the North Carolina AOC year’s allowance form used by clerks). When: If a personal representative has already been appointed, file the allowance claim within six months after letters testamentary/letters of administration are issued.
  2. Clerk review and order: The clerk reviews the application and supporting information about the marriage/family relationship and the estate’s personal property, then enters an order assigning specific personal property to satisfy the allowance. Counties vary on whether the clerk schedules a quick appointment or requests additional documentation before signing.
  3. Using certified copies to access assets: Certified copies of the clerk’s allowance order are then presented to banks or other holders of the awarded personal property to transfer those assets into the surviving spouse’s name or otherwise release them as directed by the order. In practice, multiple certified copies are often needed when there are multiple banks or account custodians.

Exceptions & Pitfalls

  • Not everything is controlled by probate: Some assets pass outside the estate (for example, certain beneficiary-designated assets). Even then, the institution often requires specific paperwork, and the estate process may still be needed for other accounts titled only in the decedent’s name.
  • Assuming “spouse” status is enough: Banks typically will not release a decedent-only account based on a marriage certificate alone. They usually require letters or a clerk’s order that awards the account (or funds) to the surviving spouse.
  • Missing the six-month window after letters: When an estate is opened and letters are issued, the allowance deadline can become a trap if the surviving spouse waits too long to file the verified petition.
  • Real estate title is a separate step: Transferring the home title often involves different documents and timing than accessing a bank account. A year’s allowance focuses on personal property, and a deed/title solution may still be needed for the home even if funds are accessed through an allowance.

Conclusion

In North Carolina, a surviving spouse usually cannot access a deceased spouse’s bank account or other funds titled only in the decedent’s name until the court process creates legal authority to act. The most common tools are qualifying as the estate’s personal representative (so banks will accept letters) or obtaining a clerk-issued spouse’s year’s allowance order that assigns specific personal property to the surviving spouse. If letters are issued, the spouse’s allowance claim generally must be filed within six months. The next step is to file a verified year’s allowance petition with the Clerk of Superior Court (Estates) in the proper county.

Talk to a Probate Attorney

If there is a need to access a spouse’s bank account and other funds that are only in the decedent’s name, our firm has experienced attorneys who can help explain the options, prepare the filings with the Clerk of Superior Court, and identify the timelines that matter. 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.