How to Access Frozen Assets and Start Probate When No Personal Administrator Has Been App1ointed
Detailed Answer
When someone dies, banks and brokerage firms often freeze accounts. No one may withdraw or transfer funds without court authorization. In North Carolina, you must appoint a personal representative before you can unfreeze and use those assets. This process begins in the clerk of superior court’s office in the county where the decedent lived.
First, gather these documents:
- Certified copy of the death certificate
- Original will (if one exists)
- List of heirs and beneficiaries
- Inventory of known assets and their approximate values
If the decedent left a will, you file a petition for probate of the will. The clerk will appoint an executor and issue Letters Testamentary. If there is no will, you file a petition for administration under N.C.G.S. § 28A-6-1. The clerk will then appoint a personal representative and issue Letters of Administration.
Before the clerk issues letters, North Carolina law generally requires you to post a bond. The bond amount depends on the estate’s value and any waiver in the will. See N.C.G.S. § 28A-12-1.
Once you hold Letters of Administration or Letters Testamentary, present them to banks, brokerage firms, and other institutions. These documents give you legal authority to unfreeze accounts and use assets to pay funeral expenses, taxes, and debts. You also open a probate estate file and notify creditors under N.C.G.S. Chapter 28A, Article 13.
If the estate consists solely of personal property valued at under $20,000, you may use the small estate affidavit procedure under N.C.G.S. § 28A-17-1. This process lets heirs collect specific assets without full probate. However, most larger estates must follow the standard probate steps above.
Key Steps to Access Frozen Assets and Open Probate
- Obtain a certified death certificate.
- Locate the original will, if any.
- Compile a list of heirs, beneficiaries, and assets.
- File a petition for probate (with will) or administration (without will) under N.C.G.S. § 28A-6-1.
- Post bond as required by N.C.G.S. § 28A-12-1.
- Receive Letters Testamentary or Letters of Administration from the clerk.
- Present letters to institutions to unfreeze accounts.
- Pay funeral expenses, estate debts, and file notices to creditors.
- Prepare an inventory and final accounting for the court.
- Distribute remaining assets to heirs or beneficiaries and close probate.
Starting probate without an appointed personal representative may feel overwhelming. At Pierce Law Group, our attorneys guide families through each step. We prepare petitions, secure letters, handle bond requirements, and communicate with institutions on your behalf. Let us help you unfreeze assets and settle the estate efficiently.
Contact Pierce Law Group today. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
