Dec202025
Probate Q&A Series

How do I locate and claim any beneficiary-designated assets like life insurance or POD accounts? – North Carolina

Short Answer

In North Carolina, many “beneficiary-designated” assets—like life insurance, payable-on-death (POD) bank accounts, and transfer-on-death (TOD) securities—usually pass directly to the named beneficiary and do not go through probate. Locating and claiming them often requires identifying the institution or insurer, confirming the beneficiary designation on the account or policy, and submitting a death claim with required documents (often a certified death certificate and claimant paperwork). Even though these assets are typically nonprobate, the estate’s personal representative may still have limited rights to collect from certain beneficiary-designated assets if the probate estate cannot pay valid debts.

Understanding the Problem

In North Carolina probate administration after an intestate death, a common question is: how can an heir locate and claim assets that pass by beneficiary designation, such as life insurance benefits or POD/TOD accounts. The issue often comes up when a family member serving as estate administrator does not share financial information, and another heir wants to confirm whether beneficiary-designated assets exist and whether they were handled according to the account or policy terms. The key decision point is whether the asset is payable directly to a named beneficiary (nonprobate) or payable to the estate (probate), because that affects who has authority to claim it and what paperwork will be required.

Apply the Law

North Carolina recognizes several common nonprobate transfers. A POD deposit account generally belongs to the named beneficiary at the owner’s death if the account was properly created under the applicable statute and paperwork. TOD securities transfer to the named TOD beneficiary by contract at death under North Carolina’s TOD securities law. Life insurance proceeds are generally payable to the named beneficiary under the policy; if the estate is the beneficiary, the administrator typically must present estate appointment documents to collect. Even when an asset passes outside probate, North Carolina law can allow the estate’s personal representative to pursue recovery from certain nonprobate transfers when the probate estate is insufficient to pay valid debts and claims.

Key Requirements

  • Identify the payor and the type of transfer: Determine whether the asset is life insurance, a POD deposit account, a joint account with survivorship, or a TOD security registration, because each has different proof and claim steps.
  • Confirm the beneficiary designation: The controlling document is typically the account agreement/signature card (for POD accounts) or the registration/beneficiary form (for TOD securities) or the insurance policy designation.
  • Submit a proper death claim package: Institutions typically require proof of death and claimant identity; if the estate is the payee, the personal representative’s estate appointment documents are commonly required.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an intestate estate where the appointed administrator refuses to share inventory and financial records, and there is concern that life insurance or POD/TOD assets may exist. Because beneficiary-designated assets usually transfer by contract at death, an heir often cannot “find them” through the probate inventory alone, especially if the administrator is uncooperative. If a life insurance policy or POD/TOD designation exists, the correct claimant is typically the named beneficiary (not the estate), unless the estate is named as beneficiary; however, the administrator may still have a limited ability to pursue recovery from certain nonprobate transfers if valid estate debts cannot be paid from probate assets.

Process & Timing

  1. Who files: Usually the named beneficiary; if the estate is the named beneficiary, the estate’s personal representative. Where: With the insurance company, bank/credit union, brokerage firm, or transfer agent (not the probate court). What: Claim forms required by the institution, typically including a certified death certificate and claimant identification; if payable to the estate, the institution commonly requires the personal representative’s Letters. When: As soon as the institution and policy/account are identified; institutions often process faster when the beneficiary designation is clear and documentation is complete.
  2. Locate likely accounts and policies: Review the decedent’s mail/email, bank statements, prior-year interest/dividend forms, and any employer benefits information to identify insurers, banks, credit unions, and brokerages. For deposit and brokerage accounts, request confirmation of whether the account is titled as POD/TOD or joint with survivorship; for securities, look for account titling that includes “TOD,” “POD,” or similar beneficiary registration language.
  3. Address information roadblocks: If the administrator blocks access to core records needed to identify payors, an heir may need to seek relief in the estate proceeding before the Clerk of Superior Court (the probate division in North Carolina) to require production of estate information and to address questionable filings (such as a forged renunciation or waiver). A court order can also help when a financial institution will not release information without formal authority.

Exceptions & Pitfalls

  • “Nonprobate” does not always mean “untouchable”: POD/TOD transfers and survivorship interests can still be subject to limited recovery for estate debts when probate assets are not enough, so ignoring them can create problems for the estate administration.
  • Beneficiary designation controls (not intestacy rules): Even in an intestate case, a properly named beneficiary on life insurance or a POD/TOD account generally receives the asset regardless of who would inherit in probate.
  • Paperwork must strictly match statutory/form requirements: POD accounts are statutory and typically depend on the institution’s signed account documents; if the account was not properly set up, it may not qualify as a POD account.
  • Institution privacy and authority limits: Banks and insurers often will not discuss account details with an heir who is not the named beneficiary or not the personal representative; when an administrator is uncooperative, this can delay identification and claims.
  • Estate payee vs. individual beneficiary payee: If the estate is the beneficiary, the administrator collects and reports it as an estate asset; if an individual is the beneficiary, the administrator usually should not “take control” of the proceeds (though documentation may still be relevant for debt issues and overall administration).

Conclusion

In North Carolina, life insurance, POD accounts, and TOD securities typically pass directly to the named beneficiary and are claimed through the insurer or financial institution, not through the probate inventory. The key steps are to identify the institution, confirm the beneficiary designation on the account or policy documents, and submit the institution’s death claim paperwork with a certified death certificate (and estate appointment documents if payable to the estate). The most important next step is to file a request in the estate proceeding with the Clerk of Superior Court to require production of estate information when the administrator refuses to provide records.

Talk to a Probate Attorney

If a family member’s death triggered a North Carolina estate administration and beneficiary-designated assets may be missing or information is being withheld, experienced attorneys can help identify the right records to request and the options available through the Clerk of Superior Court. 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.