How do I get a remote notarization accepted by my bank for probate documents? – North Carolina

Short Answer

In North Carolina, a notarization is valid if it complies with state notary laws, including approved remote notarization. But banks can set stricter internal requirements and may refuse a remote notarization. Ask the bank for its exact notary standards and re-execute the document to meet them. Meanwhile, file your 90-day inventory on time; if the account balance is unknown, list it with an “undetermined” value and update it later by supplemental inventory or on your accountings.

Understanding the Problem

In North Carolina probate, can you satisfy a bank’s requirements when it rejects your remote notarization on estate paperwork, and how does that affect your 90-day inventory and later corrections? Here, the estate’s only asset is a bank account, the bank is not accepting the remote notarization, and you need to file an inventory (and may need extra time) before you can access the account.

Apply the Law

North Carolina recognizes notarizations that follow state law, including approved remote/electronic notarizations. However, private institutions may insist on in-person ink notarization, specific certificate language (acknowledgment vs. verification/jurat), or their own forms. Separately, a personal representative must file an inventory within three months of qualification with the Clerk of Superior Court, and can request a short extension for good cause. If an asset exists but the value is not yet available, you can file with an “undetermined” value and later correct or add detail by supplemental inventory or on the annual/final account.

Key Requirements

• Valid notarization under NC law: Use a North Carolina notary (in-person or approved remote) with the correct notarial certificate the bank requires.
• Bank-specific standards: Banks may demand in-person notarization, particular wording, or their own forms; you can cure by re-executing.
• 90-day inventory deadline: File within three months of qualification with the Clerk; request an extension for good cause if needed.
• List known assets: Include the bank account on the inventory; if the date-of-death balance is unavailable, list the value as “undetermined.”
• Update later: File a supplemental inventory to add or correct assets/values, or report changes on the annual or final account.

What the Statutes Say

• N.C. Gen. Stat. § 28A-20-1 (Inventory due in 3 months) – requires filing a just, true, and perfect inventory within three months of qualification.
• N.C. Gen. Stat. § 28A-20-2 (Extensions/enforcement) – allows the clerk to order filing, grant time for good cause, and enforce compliance.
• N.C. Gen. Stat. § 28A-20-3 (Supplemental inventory) – permits supplemental filings when assets or values change or are later discovered.
• N.C. Gen. Stat. § 28A-21-1 (Annual accounts) – requires annual accounts if the estate remains open beyond one year.
• N.C. Gen. Stat. § 28A-15-12 (Proceeding to discover assets) – authorizes a special proceeding to obtain information or assets from third parties if needed.

Analysis

Apply the Rule to the Facts: Because the bank will not accept your remote notarization, ask for its written notary requirements and re-execute the paperwork with a North Carolina notary in the format the bank specifies. For the 90-day inventory, list the bank account even if you cannot access it yet; if the date-of-death balance is unknown, use “undetermined” and update later. If the delay prevents a complete filing by the deadline, request a short extension for good cause.

Process & Timing

1. Who files: Personal representative. Where: Clerk of Superior Court (Estates Division) in the county of administration. What: Inventory for Decedent’s Estate (AOC-E-505); later Annual/Final Account (AOC-E-506). When: Inventory due within 3 months of qualification; request an extension in writing before the deadline if needed.
2. To cure the bank’s rejection, obtain the bank’s notarization standards, then re-sign and re-notarize on the bank’s form with the specified certificate (acknowledgment or verification) using an NC notary (in-person or approved remote if accepted by the bank). Escalate to the bank’s back office if a branch cannot confirm requirements.
3. Once the account is accessible, file a supplemental inventory (no pre-printed form; submit a verified statement identifying the new/updated item and value) or reflect the new asset/value on your Annual or Final Account with supporting statements. The clerk will assess any additional filing fees on newly reported personal property.

Exceptions & Pitfalls

• Remote notarization may be legally valid but still rejected by a bank’s internal policy; the practical fix is to re-notarize as the bank requires.
• Mismatched notary certificate (acknowledgment vs. verification/jurat) is a common reason for rejection; use the bank’s exact form and certificate language.
• Do not miss the 90-day inventory deadline; if you cannot finish, seek an extension for good cause. Ignoring notices can lead to orders to appear and potential removal.
• If a bank refuses to release funds after you provide certified Letters and compliant paperwork, consider a “proceeding to discover assets” with the Clerk to compel information or cooperation.

Talk to a Probate Attorney

If you’re dealing with a bank rejecting a remote notarization and you need to keep your probate filings on track, our firm has experienced attorneys who can help you understand your options 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.