How do I secure my deceased loved one’s property and prevent unauthorized access to financial accounts during the probate process?

1. Detailed Answer

Losing a loved one is hard enough without worrying that their home or bank accounts might fall into the wrong hands. Under North Carolina probate law, a personal representative steps in to collect, protect, and distribute a decedent’s assets. Here’s how you move quickly and legally:

a. Locate and Review the Will

If your loved one left a will, it usually names a personal representative. That person has the legal duty to manage the estate. If there’s no will, the court will appoint an administrator under N.C. Gen. Stat. § 28A-6-1.

b. File for Letters Testamentary or Administration

File a petition in the clerk’s office of the county where your loved one lived. Once the court issues Letters, you have official power to act. Those letters tell banks, insurance companies, and tenants you can lawfully secure property and handle accounts. See N.C. Gen. Stat. § 28A-12-1.

c. Protect Real Property

• Change locks or board up windows to prevent break-ins.
• Inform local law enforcement and neighbors about the death so they can report suspicious activity.
• Maintain homeowner’s insurance and pay property taxes to avoid liens.

d. Secure Financial Accounts

• Provide banks with a certified copy of the death certificate and your Letters. Once they recognize your authority, they must freeze or transfer accounts to you.
• Review all account statements for unfamiliar withdrawals or new credit card charges.
• Notify major credit reporting agencies to place a deceased alert on credit files.

e. Inventory and Manage Assets

Under N.C. Gen. Stat. § 28A-15-2, you must file an inventory of estate assets. That process helps you track property, bank balances, investments, and personal items.

f. Communicate With Creditors and Beneficiaries

Publish a notice to creditors under § 28A-13-6. This protects you from late claims and keeps unauthorized individuals from stepping forward. Keep beneficiaries informed about major steps you take.

2. Key Steps Checklist

• Locate the original will or request a copy from the clerk.
• Petition the clerk’s office for Letters testamentary or administration.
• Obtain certified copies of the death certificate.
• Present Letters and death certificate to banks and insurers.
• Change locks, monitor the property, and maintain insurance.
• Freeze or transfer bank and investment accounts.
• File an inventory of assets with the clerk’s office.
• Publish notice to creditors and track claims closely.
• Communicate regularly with beneficiaries.

Contact Pierce Law Group for Help

Securing a loved one’s estate requires quick action and careful legal steps. At Pierce Law Group, our attorneys know North Carolina probate inside and out. We guide you through every phase, from filing for Letters to closing the estate. If you need support, email us at intake@piercelaw.com or call (919) 341-7055.