Probate Q&A Series

How do we complete the estate inventory if we don’t know what bank accounts my parent had, and how can we find them? – North Carolina

Short Answer

In North Carolina, the personal representative must make a good-faith effort to identify, gather, and list the decedent’s probate assets on the estate inventory, even when some bank accounts are unknown at the start. The usual approach is to (1) reconstruct the account list from the decedent’s records and (2) contact likely financial institutions with proof of authority. If accounts still cannot be identified in time, the personal representative typically files the inventory based on what is known and then supplements or updates the inventory when new accounts are discovered.

Understanding the Problem

In a North Carolina estate administration, the personal representative must file an inventory that lists the estate assets that are subject to probate. The problem arises when the decedent’s bank accounts are not obvious from the paperwork, online access is unavailable, or mail has stopped. The practical question is how the personal representative can locate unknown bank accounts and still complete an inventory that the Clerk of Superior Court will accept, especially when the estate expects to receive funds from another estate and the incoming funds may be held in a lawyer trust account instead of a separate estate checking account.

Apply the Law

North Carolina law places responsibility on the personal representative to discover, collect, and protect the decedent’s assets, and it also provides a court process to compel information from third parties when there are reasonable grounds to believe they hold estate property. In practice, the inventory is a snapshot based on the best information available at the time it is filed, and it can be updated if later-discovered assets are found. The main forum for inventory and most probate filings is the Estates Division of the Clerk of Superior Court in the county where the estate is administered.

Key Requirements

  • Good-faith asset search: The personal representative must take reasonable steps to identify what the decedent owned, including bank and investment accounts.
  • Probate vs. non-probate sorting: The inventory generally focuses on assets that pass through the estate (for example, a bank account titled only in the decedent’s name). Some assets may pass outside probate (for example, certain joint accounts or beneficiary-designated accounts), and how they are listed can differ by county practice and the inventory form instructions.
  • Use court tools when needed: If a third party is believed to be holding estate property or information, North Carolina allows a special proceeding to discover assets through the Clerk of Superior Court.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the personal representative expects the estate to receive funds from another estate, and the plan is for the law firm to hold incoming estate funds in trust rather than opening a separate estate bank account. That arrangement does not eliminate the duty to identify and list the decedent’s existing probate assets (including any bank accounts titled in the decedent’s sole name) on the inventory. The key is documenting a reasonable search, filing the inventory based on what is known, and then updating the inventory if additional accounts are discovered later.

Process & Timing

  1. Who files: The personal representative. Where: Estates Division of the Clerk of Superior Court in the county where the estate is pending. What: The estate inventory form required by that county (often an AOC inventory form). When: The inventory is typically due early in the administration; if account information is missing, the personal representative can ask the Clerk about an extension or the proper way to file and later supplement.
  2. Build the account list (practical search steps): Review the decedent’s mail, check registers, deposit slips, prior-year income tax returns (to spot interest income and 1099s), and bank/brokerage statements for at least the year before death. Look for recurring ACH deposits (pension, Social Security), automatic drafts (utilities, insurance), and transfers that identify a bank name. If a safe deposit box may exist, follow the statutory procedure and local Clerk requirements for inventorying it, because it often contains account statements, passbooks, or original documents.
  3. Contact institutions and confirm balances as of date of death: Once the likely banks are identified, request a date-of-death balance letter and account titling information. If an institution refuses without formal authority, provide certified Letters (or other proof of qualification) and any forms the institution requires. If there are reasonable grounds to believe a specific institution or person is holding estate property but will not cooperate, consider a special proceeding to discover assets through the Clerk under North Carolina law.

Exceptions & Pitfalls

  • Mixing probate and non-probate accounts: Joint accounts with survivorship and beneficiary-designated accounts may pass outside the estate, but they can still create confusion on the inventory if the account title is unclear. Confirm the exact titling and beneficiary status before deciding how to list it. For more detail on how certain assets are treated on the inventory, see where non-probate assets go on the inventory form.
  • Safe deposit box missteps: Entering a safe deposit box after death without following the required process can trigger delays and extra paperwork with the Clerk. When a box is suspected, coordinate the inventory through the bank and the Clerk’s office and document what was found.
  • Assuming “no estate bank account” means “no banking work”: Even if incoming funds are held in a lawyer trust account, the personal representative still must identify the decedent’s own accounts and report probate assets accurately. The trust account arrangement is about handling receipts and disbursements, not about skipping the inventory.
  • Not using the court’s discovery tool: When there are reasonable grounds to believe a specific third party holds estate property or information, the special proceeding to discover assets can be a practical way to move the search forward without guessing.

Conclusion

In North Carolina, the personal representative must make a reasonable, good-faith effort to find and list the decedent’s probate assets on the estate inventory, including bank accounts that are not immediately known. The search usually starts with the decedent’s papers, tax returns, and bank records, then moves to contacting likely institutions with proof of authority, and (if needed) using a Clerk-filed proceeding to discover assets. The next step is to file the inventory with the Clerk of Superior Court by the deadline set for the estate and supplement it if new accounts are found.

Talk to a Probate Attorney

If a personal representative is dealing with an estate inventory but the decedent’s bank accounts are unclear, our firm has experienced attorneys who can help explain practical search steps, what documentation banks usually require, and how to handle deadlines with the Clerk. 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.