Jan202026
Probate Q&A Series

How do I prove I’m authorized to act for someone else when dealing with their financial accounts? – North Carolina

Short Answer

In North Carolina, the “proof” depends on why the person cannot act. If the account owner has died, financial institutions usually require court-issued Letters Testamentary (executor) or Letters of Administration (administrator) showing a personal representative has been appointed by the Clerk of Superior Court. If the person is alive but needs help, a financial institution typically requires a valid power of attorney or other written authorization that matches what the institution will allow for that account.

Understanding the Problem

In North Carolina probate situations, a common question is: “Can a family member call a bank or brokerage and get information or make changes on an investment account that is only in a deceased person’s name?” The decision point is whether the person is acting as a court-appointed personal representative for a deceased account owner, or acting under a power of attorney (or similar authority) for a living account owner. The answer determines what documents a financial institution can accept and what the Clerk of Superior Court must issue.

Apply the Law

North Carolina law generally treats access to and control of a deceased person’s financial accounts as an estate administration issue. The person with legal authority is the estate’s personal representative (executor or administrator), appointed through the Clerk of Superior Court. For a living person, authority usually comes from a written agency document (often a power of attorney) that the institution can rely on until it receives notice that the authority ended (for example, because the principal died).

Key Requirements

  • Correct role for the situation: If the account owner is deceased, authority usually comes from being appointed as the estate’s personal representative. If the account owner is living, authority usually comes from a written authorization such as a power of attorney that covers financial matters.
  • Acceptable proof document: For estates, financial institutions commonly require certified Letters issued by the Clerk of Superior Court. For agency authority, institutions commonly require the power of attorney document (and sometimes an institution-specific form).
  • Authority must still be valid: A power of attorney generally stops working at death, and many institutions will stop honoring it once they receive notice of death. After death, the estate’s personal representative is the usual path to act on the account.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the financial institution is being contacted about an investment account in the decedent’s name. Because the account owner is deceased, the institution will usually require proof that the caller is the estate’s court-appointed personal representative—most commonly certified Letters Testamentary (if there is a will naming an executor) or Letters of Administration (if there is no executor or no will). If the caller only has a power of attorney that was used during the decedent’s life, the institution will typically treat that authority as ended once it has notice of death and will redirect the matter to estate administration.

Process & Timing

  1. Who files: The person seeking authority to act (often the nominated executor in the will, or an eligible family member if there is no will). Where: The Clerk of Superior Court (Estates) in the North Carolina county where the decedent was domiciled at death. What: An estate opening to be appointed as personal representative and obtain Letters (the court’s proof document). When: As soon as practical after death, especially if bills, deadlines, or asset protection issues exist.
  2. Provide the institution what it typically needs: Once appointed, the personal representative usually provides the institution with certified Letters and commonly requested supporting documents (often a death certificate, and sometimes an affidavit of domicile for brokerage “street name” accounts). Institutions often require the account to be retitled into an “Estate of …” account before they will allow transactions.
  3. If the institution will not cooperate: North Carolina estate procedures allow the personal representative to use the Clerk of Superior Court process to require a third party holding estate property to appear and, if appropriate, to turn over the property to the estate under a court order.

Exceptions & Pitfalls

  • Power of attorney confusion: A power of attorney can help while the person is alive, but once the institution has notice of death, it commonly will not allow the agent to act and will require estate Letters instead.
  • “Street name” brokerage accounts: Broker-held securities often must be transferred into an estate account before trades, liquidations, or distributions can occur. Expect requests for Letters and additional brokerage paperwork.
  • Wrong person calling: Being a spouse, child, or beneficiary does not automatically create authority to transact on an account titled only in the decedent’s name. Without Letters (or another recognized legal basis), the institution may only provide limited information, if any.
  • Document freshness and certification: Many institutions want certified copies of Letters and may require them to be recently issued. Planning for that avoids repeated delays.

Conclusion

In North Carolina, proving authority to deal with a deceased person’s financial accounts usually means showing the financial institution certified Letters Testamentary or Letters of Administration issued by the Clerk of Superior Court appointing a personal representative. A power of attorney generally does not solve access problems after death once the institution has notice. The most reliable next step is to open the estate with the Clerk of Superior Court and obtain the Letters needed to retitle or administer the investment account.

Talk to a Probate Attorney

If dealing with a financial institution after a death is stalling because “proof of authority” is missing, a probate attorney can help identify the right court filing and assemble the documents the institution typically requires. 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.