What can I do if a bank only provides partial statements for a deceased account holder’s accounts? – North Carolina

Short Answer

In North Carolina, the personal representative (executor/administrator) generally has authority to collect the decedent’s financial records needed to administer the estate. If a bank sends only partial statements, the usual next steps are to resend a targeted written request with certified appointment documents, have the personal representative sign the request (and any bank authorization), and escalate to the bank’s legal/compliance department. If the bank still will not produce the missing statements, the estate may need a court order or subpoena in the proper proceeding.

Understanding the Problem

In a North Carolina estate administration, a personal representative must gather complete account records to identify estate assets, confirm date-of-death values, track post-death activity, and close or transfer accounts. The problem arises when a financial institution provides statements for only part of the requested time period, leaving gaps for multiple deposit accounts and term certificates. The decision point is whether the estate has provided the right authority documents and a sufficiently specific request so the bank can release the missing statements through the most current available date or account closure.

Apply the Law

North Carolina law recognizes that access to financial records often requires proper authority and proper process. In estate administration, the personal representative is the person who acts for the estate, and banks commonly require proof of appointment (letters testamentary or letters of administration) and a written request that clearly identifies the accounts and the date range. If a bank will not provide records voluntarily after receiving proper authority, the next step is typically to use court process (such as a subpoena or court order) in the appropriate forum.

Key Requirements

Proper authority: The request should be backed by certified letters (testamentary/administration) showing the personal representative’s appointment, and a certified death certificate if requested.
Specific, complete request: The request should list each account (including deposit and term certificate accounts), the exact statement date range needed, and whether the request is for statements, signature cards, and date-of-death and closure balances.
Correct escalation path if the bank resists: If branch staff cannot complete the request, escalation to the bank’s records unit or legal/compliance team is often necessary; if that fails, the estate may need a subpoena or court order.

What the Statutes Say

N.C. Gen. Stat. § 53B-4 (Access to financial records) – explains that access to a customer’s financial records can require proper authorization or lawful process such as a subpoena or court order, depending on who is requesting the records and why.
N.C. Gen. Stat. § 41-2.1 (Right of survivorship in bank deposits) – addresses how certain joint accounts with survivorship operate at death, which can affect whether records are needed for estate administration and creditor/expense claims.

Analysis

Apply the Rule to the Facts: Here, the estate’s representatives requested statements and received an earlier set, but more recent statements are missing for multiple deposit and term certificate accounts. That usually points to a request that needs to be narrowed and reissued (account-by-account and date-range-by-date-range), or a bank policy that requires the personal representative’s signature and certified appointment documents before releasing the remaining records. If the bank still will not produce the missing statements after receiving proper authority and a specific request, the estate may need to pursue a subpoena or court order in the appropriate North Carolina proceeding to obtain complete records.

Process & Timing

Who files: The personal representative (often through counsel). Where: First, directly with the financial institution’s records/estate department; if court process is needed, typically through the Clerk of Superior Court handling the estate (and, depending on the relief sought, potentially a related civil proceeding). What: A written records request that lists each account number/type, requests date-of-death balances and accrued interest, requests copies of signature cards/account agreements, and specifies the missing statement range through the most current available date or closure. When: As soon as the gap is identified, because final accountings and closing tasks often depend on complete records.
Escalate and document: If the branch provides only partial statements, send a follow-up request addressed to the bank’s estate/records unit and legal/compliance team, attach certified letters and any bank-required authorization, and ask the bank to confirm in writing whether the accounts were closed, merged, or converted (a common reason for “missing” statements).
Use court process if needed: If the bank still refuses or delays without a clear reason, counsel can evaluate whether a subpoena or court order is the most efficient way to compel production of the missing statements and related account documents.

Exceptions & Pitfalls

Bank policy requiring the personal representative’s signature: Some institutions will not release full records to anyone other than the personal representative unless the personal representative signs a written authorization for counsel to receive the records.
Account changes that break the paper trail: Certificates of deposit may renew, roll over, or be re-numbered; deposit accounts may be converted or consolidated. A request that lists only the old account number may miss later statements unless the bank is asked to search by customer identity and “successor account numbers.”
Survivorship or payable-on-death features: If an account passes outside the estate, the bank may treat the request differently. Even then, estate administration may still require records for date-of-death values, expenses, or creditor issues, so the request should explain the estate purpose and seek the specific records needed.
Incomplete scope: A request that asks only for “statements” may not capture signature cards, account agreements, interest accrual details, or closure documentation that explains why statements stop.

Conclusion

In North Carolina, the personal representative generally has the authority to obtain the decedent’s bank records needed to administer the estate, but banks often require certified appointment documents and a precise written request. When statements arrive only for part of the timeline, the practical fix is to resend a targeted request (account-by-account) and include certified letters and any required authorization so the bank can release the missing statements through the most current available date or account closure. If the bank still will not comply, the next step is to pursue a subpoena or court order.

Talk to a Probate Attorney

If a bank is providing only partial statements for a deceased account holder and the estate needs complete records to finish administration, our firm has experienced attorneys who can help clarify what authority documents are needed and what steps to take if the bank still refuses. 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.