How to Open an Intestate Estate in North Carolina and Access a Deceased Relative’s Bank and Retirement Accounts

1. Detailed Answer

When someone dies without a valid will in North Carolina, the estate passes through intestate succession under N.C.G.S. § 28A-6-1. To handle the estate and gain access to the decedent’s bank and retirement accounts, you must appoint an administrator and obtain Letters of Administration from the Clerk of Superior Court in the county where the person resided.

Step 1: Determine Estate Venue
Start by filing your petition in the Clerk of Superior Court’s office in the county where the decedent lived. If you file in the wrong county, the clerk will transfer your petition to the proper location.

Step 2: Petition to Appoint an Administrator
Under N.C.G.S. § 28A-11-1, any qualified person—usually the closest living relative—can ask the clerk to become the administrator. In your petition, list the decedent’s name, date of death, heirs or next of kin, and an estimated value of assets.

Step 3: Notice to Heirs and Creditors
Once the clerk accepts the petition, you must notify all heirs and potential creditors. North Carolina law requires publication of a creditor notice in a local newspaper and individual notice to known creditors. This ensures that outstanding debts are presented during probate.

Step 4: Issuance of Letters of Administration
After the waiting period for creditor claims expires, the clerk issues Letters of Administration (N.C.G.S. § 28A-12-1). These letters grant you the legal authority to manage and distribute estate assets, including bank and retirement accounts.

Step 5: Accessing Bank and Retirement Accounts
Present your Letters of Administration to financial institutions holding the decedent’s accounts. Banks often require a certified copy of the death certificate and the Letters of Administration. For retirement plans, federal law governs beneficiary designations. If no beneficiary survives, plan administrators will require your letters and may impose a short claims period before releasing funds.

Step 6: Inventory and Final Accounting
Within 90 days of appointment, you must file an inventory listing all estate assets, including bank balances and retirement accounts. After settling debts and administrative expenses, prepare a final accounting. The court reviews and approves this accounting before you distribute assets to heirs under intestate succession rules.

2. Key Points to Remember

• File a Petition for Administration in the county of the decedent’s residence under N.C.G.S. § 28A-11-1.
• Notify heirs and creditors per North Carolina law to protect creditors’ rights and limit personal liability.
• Obtain Letters of Administration (N.C.G.S. § 28A-12-1) to access bank accounts and retirement plans.
• Present Letters and a death certificate to financial institutions to collect funds.
• File an inventory and final accounting before distributing assets under intestate succession (N.C.G.S. § 28A-6-1).

If you need help navigating North Carolina’s intestate probate process, the attorneys at Pierce Law Group stand ready to guide you. Contact us today for a personalized consultation. Email us at intake@piercelaw.com or call (919) 341-7055.