Dec242025
Probate Q&A Series

How can I get the bank to release funds from a locked joint account using a year’s allowance claim? – North Carolina

Short Answer

In North Carolina, a surviving spouse can ask the Clerk of Superior Court for a year’s allowance and have specific personal property (including cash in a bank account that is treated as the decedent’s property) assigned to the spouse by court order. Banks usually release funds when they receive a certified copy of the Clerk’s signed year’s allowance order that clearly identifies the account and the amount awarded. If the bank account cannot be assigned because it is not estate property (or the bank refuses without clearer proof), the Clerk can award what is available and enter a deficiency judgment so the spouse can be paid later from estate assets that come into the personal representative’s hands.

Understanding the Problem

In North Carolina probate, the question is how a surviving spouse can use a year’s allowance claim to get a financial institution to release money from a locked joint account after a spouse dies. The key decision point is whether the funds in that account can be treated as the decedent’s personal property for purposes of the year’s allowance order signed by the Clerk of Superior Court. Timing matters if a personal representative has already been appointed, because the claim then has a specific filing window.

Apply the Law

North Carolina law gives a surviving spouse a statutory right to a year’s allowance (a set dollar amount) for support. The spouse requests it by filing a verified petition with the Clerk of Superior Court in the proper county, and the Clerk can enter an order assigning particular personal property of the decedent (cash and other personal property, not real estate) to satisfy the allowance. If the personal property available is not enough, the Clerk can enter a deficiency judgment against the estate for the unpaid amount so it can be satisfied later if estate assets are collected.

Key Requirements

  • Proper petitioner and status: The claimant must be a “surviving spouse” who is not barred by law, and the claim must be made during the surviving spouse’s lifetime by the spouse (or an authorized agent/guardian as allowed).
  • Verified petition filed in the right forum: The spouse must file a verified petition with the Clerk of Superior Court in the county where venue would be proper for the estate.
  • Enough documentation to identify and value the personal property: The petition and supporting paperwork should identify the assets to be assigned (such as specific bank accounts and vehicles) and provide reasonable values so the Clerk can assign property and, if needed, determine any deficiency.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the surviving parent (as the surviving spouse) wants the Clerk to award a year’s allowance and to include personal assets like vehicles and a locked bank account to help protect those items from the decedent’s creditors. The Clerk can assign personal property to satisfy the allowance if the petition identifies the assets and provides documentation and values. If the “locked joint account” is actually treated by the bank as solely the survivor’s account (or as a non-estate transfer on death), then it may not be assignable as estate property, and the spouse may need to rely on other estate personal property or a deficiency judgment instead.

Process & Timing

  1. Who files: The surviving spouse (or permitted agent/guardian). Where: Clerk of Superior Court (Estates), in the county where venue for the estate is proper in North Carolina. What: A verified “Application and Assignment of Year’s Allowance” (commonly done on AOC estate forms used by the Clerk) plus supporting documents that identify assets to be assigned. When: If a personal representative has been appointed, file within 6 months after the letters are issued; otherwise the statute allows the claim to be brought without a general time limit.
  2. Provide bank-ready paperwork: Bring multiple copies of the signed year’s allowance order for certification. Banks typically require a certified copy and want the order to list the financial institution, account description (last four digits if available), and the exact dollar amount awarded from that account. Supporting bank statements can help the Clerk describe and value the account.
  3. Use the certified order to request release: Deliver the certified copy to the bank’s branch or legal/compliance department with any bank-required affidavit or internal form. If the Clerk awards less than the spouse’s full allowance because not enough personal property is available, request entry of a deficiency (commonly done with a separate deficiency judgment form) so the unpaid balance can be satisfied later if estate assets are collected by a personal representative.

Exceptions & Pitfalls

  • Joint account ownership problems: A “joint account” may be treated as the surviving owner’s property at death, or the bank may require proof about survivorship rights before treating any portion as estate property. A year’s allowance order typically works best when the Clerk can treat the funds as the decedent’s personal property and the order clearly directs transfer to the spouse.
  • Vague orders cause bank refusal: Banks often reject documents that do not identify the account clearly or that do not state a specific amount to be released. Providing recent statements and asking the Clerk to list the account and amount in the order reduces delays.
  • Notice when an estate is open: When a personal representative exists, the statute requires the petitioner to deliver or mail a copy of the verified petition to that personal representative. Missing this step can lead to objections or delays.
  • Valuation issues and secured property: Vehicles and similar titled items should be valued realistically, and any loan or lien matters because the spouse does not take better title than the decedent had. Clerks often look for titles, payoff information, and fair market value support.
  • Expect challenges: If other interested persons or the personal representative disputes the award or the assets assigned, North Carolina law allows a challenge (handled as an estate proceeding) within a set period after the order.

Conclusion

In North Carolina, the practical way to get a bank to release funds using a year’s allowance is to file a verified year’s allowance petition with the Clerk of Superior Court and obtain a signed order that assigns specific personal property (including identifiable bank funds that qualify as estate property) to the surviving spouse. If a personal representative has been appointed, the petition must be filed within six months after letters are issued. The next step is to obtain and present a certified copy of the Clerk’s order to the bank for release.

Talk to a Probate Attorney

If a surviving spouse needs a bank to release funds from a locked joint account after a death and wants to use a year’s allowance claim to do it, an attorney can help prepare the verified petition, line up the right documentation, and obtain bank-usable certified copies of the Clerk’s order. 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.