How Can I Obtain Bank Records and Signature Cards of a Deceased Person in North Carolina?

Detailed Answer

When a loved one passes away, you may need their bank records and signature cards to settle the estate properly. In North Carolina, only a personal representative (also called an executor or administrator) qualifies to request these documents. Here’s how the process works:

1. Open the Probate Estate. File a petition in the clerk of superior court’s office to appoint you as personal representative. You’ll submit the death certificate, the decedent’s will (if there is one), and a list of heirs or beneficiaries.
2. Obtain Letters Testamentary or Letters of Administration. Once the clerk approves your petition, they issue official letters. These letters prove your authority to act for the estate. Under N.C.G.S. § 28A-15-1, you may collect and protect estate property, including bank accounts.
3. Present Documentation to the Bank. Visit each financial institution holding the decedent’s accounts. Provide the bank with:
   • A certified copy of your letters testamentary or letters of administration.
   • A death certificate.
   • A completed bank form or affidavit, if required by the institution.
4. Request Specific Records. Ask the bank for the decedent’s account statements, canceled checks, signature cards, and any online banking history. Banks typically keep signature cards on file to verify authorized signers. They must comply once you show proper authority.
5. Handle Non-Cooperation. If a bank refuses your request, you can file a motion in the clerk’s office. Under N.C.G.S. § 28A-13-5, the court can order the bank to turn over records to the personal representative.

Key Steps to Obtain Bank Records and Signature Cards

• File a probate petition and submit the decedent’s will (if any) and death certificate.
• Receive letters testamentary or administration as proof of authority.
• Present your letters and a death certificate to the bank.
• Submit any bank-required forms or affidavits.
• Request account statements, signature cards, and other transaction history.
• If the bank refuses, petition the court under N.C.G.S. § 28A-13-5 for a turnover order.

Get Professional Guidance

Dealing with financial institutions and court procedures can feel overwhelming. Pierce Law Group guides you every step of the way. Our attorneys handle probate filings, gather estate assets, and ensure you meet all legal requirements. To discuss your situation and protect your loved one’s legacy, contact Pierce Law Group today.

Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.