How do I access and distribute my deceased brother’s bank account in North Carolina?

Losing a loved one brings both emotional and administrative challenges. Accessing and distributing a bank account requires an understanding of North Carolina’s probate rules. This guide explains the process from obtaining a death certificate to distributing funds under state law.

1. Detailed Answer

Step 1: Obtain a certified death certificate. Banks require this to verify the account holder’s death.

Step 2: Determine the account type:

• Payable-on-death (POD) or transfer-on-death (TOD) accounts. These pass directly to the named beneficiary.
• Joint accounts. Surviving joint owners can usually claim full ownership.
• Sole accounts. These form part of the probate estate.

For POD or joint accounts, present the certified death certificate and beneficiary or owner identification at the bank. The bank will release funds directly.

For a sole account, you must open a probate estate. If the total value of the decedent’s personal property in North Carolina does not exceed $20,000, you can use the small estate affidavit under G.S. 28A-15-3. This allows a close relative to collect assets without formal probate.

If the estate exceeds $20,000, you must file an estate proceeding in the clerk’s office of the superior court. Submit the will (if any), a petition for probate, and the original death certificate. The clerk issues letters testamentary or letters of administration. The personal representative uses these letters to claim the bank funds.

After collecting funds, the personal representative must pay valid debts and expenses. Then distribute the remaining balance according to the will or North Carolina’s intestate succession rules (Chapter 29), which generally divides assets equally among siblings if no spouse or parents survive.

2. Key steps for accessing and distributing a deceased sibling’s bank account

• Get a certified death certificate from the local registrar.
• Identify the account type: POD, joint, or sole ownership.
• Use the small estate affidavit under G.S. 28A-15-3 if eligible.
• Open a formal probate proceeding for larger estates.
• Obtain letters testamentary or letters of administration to access a sole account.
• Settle debts, taxes, and expenses of the estate.
• Distribute remaining funds under the will or intestate rules (Chapter 29).
• File a final account with the clerk and close the estate.

Accessing and distributing your brother’s bank account involves clear steps under North Carolina law. Hiring experienced attorneys can help you avoid delays and ensure full compliance. Pierce Law Group’s team guides clients through each stage of probate. To discuss your situation, email intake@piercelaw.com or call us at (919) 341-7055.