Dec222025
Probate Q&A Series

How can I get detailed records of my father’s assets when the person holding my mother’s power of attorney won’t share information? – North Carolina

Short Answer

In North Carolina, a power of attorney for a living person does not automatically give other family members a right to see that person’s financial records. However, opening a probate estate (or using a small-estate procedure when available) can give a court-appointed personal representative legal authority to request records needed to administer the decedent’s estate. If the issue involves suspected estate property held by someone else, North Carolina law also allows a personal representative to file an estate proceeding with the Clerk of Superior Court to examine a person believed to hold estate assets and seek recovery.

Understanding the Problem

In North Carolina probate matters, the key question often becomes: can a family member obtain detailed information about a deceased parent’s assets when there is no open estate and another relative controls the surviving parent’s finances under a power of attorney? This situation usually turns on whether any assets still belong to the deceased person’s estate and whether someone has authority, through a court appointment, to demand records from banks and other institutions. Timing matters because the longer an estate stays unopened, the harder it can be to identify accounts, track transfers, and address any remaining obligations.

Apply the Law

North Carolina generally routes post-death asset investigation through the authority of a court-appointed personal representative (an executor under a will or an administrator if there is no will). A personal representative has a duty to identify and collect estate property, and that role often provides the practical leverage needed to request records from third parties. Separately, an agent acting under a power of attorney for a living principal must keep records and, depending on the document and circumstances, may be required to provide information when the principal requests it or when a court orders it; after the principal’s death, certain parties connected to the principal’s estate may seek disclosures.

Key Requirements

  • Authority to act for the estate: A court appointment (letters testamentary or letters of administration) is usually the clearest way to obtain records in the name of the estate and investigate what, if anything, remains to be administered.
  • Reasonable basis to investigate estate property: When a personal representative reasonably believes someone has property belonging to the estate, North Carolina allows a clerk-supervised estate proceeding to examine that person and seek return of estate property.
  • Separate role of a power of attorney: A power of attorney applies to the living principal’s finances, not the deceased person’s estate, and the agent’s disclosure obligations depend on the power of attorney document, the principal’s wishes, and any court involvement.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a death months ago with no open probate case and an expectation that many assets passed outside probate (joint ownership and beneficiary designations). Even when that is true, an estate sometimes still exists for items like a final bank account, refunds, personal property, or claims that need a personal representative to investigate and resolve. Because the step-sibling’s power of attorney is for the living mother, it does not automatically require sharing the mother’s account access with other family members, and it does not substitute for authority to investigate the father’s estate.

Process & Timing

  1. Who files: A qualified heir (or other eligible person) may apply to serve as administrator if there is no will. Where: Clerk of Superior Court in the North Carolina county where the decedent lived at death (or where property is located, depending on the circumstance). What: Application for letters of administration and related qualification paperwork (county forms vary). When: As soon as there is a need to collect information, pay valid obligations, or confirm whether an estate exists to administer.
  2. Request records using authority: After appointment, the personal representative can send written requests to banks and other holders of records, attaching certified letters and a death certificate when required. For certain categories like digital assets, institutions may require specific statutory documentation such as letters or a small-estate affidavit.
  3. Use a clerk-supervised estate proceeding if needed: If there is a reasonable belief that a person holds property that belongs to the estate, the personal representative can file a verified petition in an estate proceeding before the Clerk of Superior Court to examine that person and seek recovery of estate property.

Exceptions & Pitfalls

  • Most assets may be non-probate: Joint accounts with survivorship and beneficiary-designated accounts can pass outside probate, which can limit what an administrator can collect, but it does not automatically prevent investigation if there is reason to believe estate property exists or a transfer was improper.
  • Power of attorney limits: A power of attorney generally ends at the principal’s death and does not give authority over a deceased person’s accounts. Also, an agent may claim the document waives routine accountings; in that situation, disclosure often requires a request from the principal or a court order, or a proper request after death from an estate-related party.
  • Record requests must match the right legal capacity: Banks may refuse requests made as an “adult child” but respond to requests made by a court-appointed personal representative with certified letters.
  • Guardianship vs. probate: Concerns about the mother’s future care and changing who manages her finances may require a separate process (often a guardianship before the Clerk of Superior Court) rather than an estate administration for the father.

Conclusion

In North Carolina, the most reliable way to obtain detailed records needed to investigate a deceased father’s assets is to have a court-appointed personal representative for the father’s estate, because that appointment creates legal authority to request documentation and, when necessary, start a clerk-supervised estate proceeding to examine a person believed to hold estate property. The next step is to apply for letters of administration with the Clerk of Superior Court in the proper county as soon as records are needed to administer or investigate the estate.

Talk to a Probate Attorney

If a family member controls information through a power of attorney and there is uncertainty about what assets, records, or obligations remain after a death, a probate attorney can help map out the right court process 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.