If I’m a signatory on one of the deceased person’s bank accounts, can I access it without going through probate? – North Carolina

Short Answer

In North Carolina, being a “signatory” alone usually does not mean the account automatically becomes the signatory’s money at death. Access without probate depends on how the account is titled and what the bank’s written account agreement says (for example, a joint account with right of survivorship or a payable-on-death designation). If the account is only in the deceased person’s name and the signatory was added for convenience, the bank commonly freezes the account at death until a personal representative is appointed or a small-estate procedure applies.

Understanding the Problem

Under North Carolina probate law, the key question is whether a relative who was added to a deceased person’s bank account as a signatory can take money from that account after the death without opening an estate with the Clerk of Superior Court. The decision point is whether the signatory status reflects ownership at death (such as a joint account with survivorship or a payable-on-death arrangement) versus mere authority to sign while the owner was alive.

Apply the Law

In North Carolina, bank accounts often pass outside probate when they are set up as non-probate transfers (most commonly, joint accounts with right of survivorship or payable-on-death (POD) accounts). By contrast, a person who is only an authorized signer (sometimes called a “convenience signer”) generally does not become the owner at death, and the signer’s authority typically ends when the account owner dies. When an account is not a non-probate transfer, the usual forum for authority to collect and use the funds is an estate proceeding before the Clerk of Superior Court in the county where venue is proper.

Key Requirements

Account type controls: The bank’s written account contract/signature card must show whether the account is a survivorship joint account, a POD account, or an individual account with an authorized signer.
Ownership at death (not “who can sign”): A survivorship co-owner or POD beneficiary may be entitled to the remaining balance at death, while a mere signatory is usually not.
Estate claims can still reach some funds: Even when an account passes by survivorship, North Carolina law can allow certain estate expenses and claims (including funeral expenses and administration costs) to reach a portion of the funds in specific situations.

What the Statutes Say

N.C. Gen. Stat. § 41-2.1 (Right of survivorship in bank deposits) – Allows a deposit account to be set up with survivorship by written agreement, and explains that the survivor becomes the owner at death, subject to certain estate claims and procedures.
N.C. Gen. Stat. § 54B-129 (Savings and loan joint accounts) – Addresses joint accounts (including survivorship elections) and notes that survivorship funds generally belong to the survivor, with a limited collection right that can apply in estate administration.
N.C. Gen. Stat. § 54B-130.1 (POD accounts at savings and loans) – Explains how POD accounts work and that the beneficiary has no ownership interest until the owner dies, then becomes the owner at death (subject to limited estate collection rights described in the statute).
N.C. Gen. Stat. § 54C-166.1 (POD accounts at savings banks) – Provides similar POD rules for savings banks, including payment to beneficiaries after proof of death and limited estate collection rights described in the statute.

Analysis

Apply the Rule to the Facts: The estate appears to be mostly bank accounts, including one account where the relative is a signatory and other accounts solely in the decedent’s name. If the “signatory” account is actually a joint account with right of survivorship (shown on the signature card or account agreement), the surviving joint owner may be able to access the funds without opening a full probate estate, although estate expenses and claims can still create complications. If the relative was only added as an authorized signer for convenience, the bank commonly treats the funds as belonging to the decedent’s estate and may require estate authority before releasing money, even if funeral expenses were paid.

Process & Timing

Who acts: The surviving joint owner or POD beneficiary (if applicable), or the personal representative if the account is an estate asset. Where: The bank for survivorship/POD claims; otherwise, the Clerk of Superior Court for the county with proper venue for the estate. What: The bank typically requests a certified death certificate and may request the signature card/account agreement showing survivorship or POD status; for estate accounts, the bank typically requires Letters Testamentary or Letters of Administration. When: Banks often restrict access as soon as they learn of the death, so documentation should be gathered promptly.
Confirm the account’s legal status: Request the bank’s documentation showing whether the account is (a) joint with survivorship, (b) joint without survivorship, (c) POD, or (d) individual with an authorized signer. This classification usually determines whether probate authority is needed.
If probate authority is required: An estate proceeding may be needed to appoint a personal representative to collect the decedent’s solely-owned accounts, pay valid expenses, and distribute to heirs under the will. If the estate is small enough, a simplified procedure may be available; see simplified probate process and probate when the only asset is a bank account for related background.

Exceptions & Pitfalls

“Signatory” vs. “owner” confusion: Many families assume check-writing authority equals ownership. After death, banks often treat authorized-signer authority as ended, even if the signer paid funeral expenses.
Missing survivorship paperwork: For survivorship accounts, North Carolina law focuses on the written agreement creating survivorship. If the bank cannot produce a signature card or agreement showing survivorship, the account may be treated as partly or fully an estate asset, depending on the facts and local practice.
Claims against survivorship funds: Even when survivorship exists, North Carolina law can expose a portion of the balance to certain estate claims and expenses (including funeral expenses and administration costs) in the manner described in the survivorship statute.
Multiple heirs and a will: A will naming multiple heirs does not automatically control a survivorship or POD account. Account titling and beneficiary designations can override what the will says for that specific account.

Conclusion

In North Carolina, a signatory on a deceased person’s bank account can access the funds without probate only if the account was set up to pass outside probate (most often, a joint account with right of survivorship or a POD account shown in the bank’s written agreement). If the decedent was the only owner and the relative was merely an authorized signer, the account is typically an estate asset and the bank usually requires estate authority from the Clerk of Superior Court. The next step is to obtain the bank’s signature card/account agreement and, if needed, apply for Letters to collect the account.

Talk to a Probate Attorney

If a family is dealing with frozen bank accounts after a death and uncertainty about whether a “signatory” can withdraw funds without probate, our firm has experienced attorneys who can help clarify account ownership, required paperwork, and timelines. 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.