What can I do if a financial institution won’t release estate account statements or tax forms to anyone except the named administrator? – North Carolina

Short Answer

In North Carolina, a financial institution will usually only release estate-account statements and tax forms to the court-appointed personal representative (the “administrator” or “executor”) unless that personal representative gives written authorization for someone else (like the law firm) to receive them. The practical fix is often to have the personal representative sign the institution’s authorization and the information-request letter, and to provide certified Letters (and sometimes a certified death certificate). If the institution still refuses after receiving proper documentation, the next step is typically to escalate internally and, if needed, ask the Clerk of Superior Court for an order directing production.

Understanding the Problem

In North Carolina probate administration, can a law firm obtain estate account statements or tax forms directly from a financial institution when the institution will only provide them to the named administrator (personal representative)? The decision point is whether the personal representative has provided the financial institution with the right proof of authority and written permission for the institution to communicate with the law firm about the decedent-owned account and the estate account. The issue often comes up when the estate is trying to close accounts, liquidate a small remaining balance, and gather year-end tax reporting for the estate file.

Apply the Law

North Carolina law and bank privacy practices generally treat the personal representative as the person with legal authority to act for the estate. That is why many institutions will not release statements, signature cards, or tax reporting (like interest statements) to anyone else unless the personal representative authorizes it in writing. In practice, the personal representative proves authority with certified Letters Testamentary or Letters of Administration issued by the Clerk of Superior Court, and the institution may also require a certified death certificate and its own internal forms.

Key Requirements

Proof of appointment: The institution typically requires certified Letters Testamentary or Letters of Administration showing the personal representative is currently qualified and authorized to act.
Proper written request: A clear written request should identify the accounts and specify what records are needed (statements, date-of-death balance, interest paid, and any tax reporting).
Written authorization for third-party release: If the institution’s policy is “administrator only,” the personal representative usually must sign an authorization allowing the institution to release statements and tax forms to the law firm.

What the Statutes Say

N.C. Gen. Stat. § 36F-8 (Disclosure of other digital assets of deceased user) – Requires certain custodians to disclose a deceased user’s non-content digital assets to the personal representative when the personal representative provides a written request and certified Letters (or other listed authority).

Analysis

Apply the Rule to the Facts: Here, the law firm is assisting with closing a decedent-owned account and an estate account and liquidating a small remaining balance. If the financial institution will only release statements and tax forms to the named administrator, that typically means the institution is treating the personal representative as the only authorized recipient unless the personal representative signs a written authorization for the law firm. The fastest path is usually to provide certified Letters and have the personal representative sign (1) the institution’s authorization and (2) a targeted records request that lists the exact statements and tax forms needed to finish the closing and the estate accounting.

Process & Timing

Who files: The personal representative (administrator/executor). Where: With the financial institution holding the decedent-owned account and the estate account (and, if needed for certified proof of authority, through the Clerk of Superior Court in the county where the estate is administered). What: Certified Letters Testamentary/Letters of Administration, a written records request, and the institution’s authorization form (or a signed letter authorizing the law firm to receive statements and tax forms). When: As soon as the estate needs statements/tax reporting to close accounts and prepare the required estate accounting.
Escalate if the branch will not comply: Ask for the institution’s estate department or legal/compliance unit, confirm exactly what document(s) they require, and resubmit the request with the personal representative’s signature and certified copies.
If the institution still refuses: Consider requesting a court order through the Clerk of Superior Court overseeing the estate administration directing the institution to provide the requested records to the personal representative (and, if appropriate, to the personal representative’s counsel as an authorized recipient).

Exceptions & Pitfalls

“Administrator only” is often a policy issue, not a legal dead-end: Many institutions will cooperate once they receive certified Letters and a signed authorization from the personal representative.
Uncertified documents get rejected: A plain photocopy of Letters may not be accepted. Institutions often require a certified copy issued by the Clerk of Superior Court.
Incomplete requests slow everything down: Requests work best when they specify the date-of-death balance, accrued interest, interest paid year-to-date, all monthly statements for a defined period, and any tax reporting tied to the estate account.

Conclusion

In North Carolina, financial institutions commonly limit estate account statements and tax forms to the court-appointed personal representative unless the personal representative gives written permission for a law firm or other third party to receive them. The practical solution is to provide certified Letters and submit a written request signed by the personal representative, along with a signed authorization naming the law firm as an approved recipient. If the institution still refuses, the next step is to seek an order from the Clerk of Superior Court directing production.

Talk to a Probate Attorney

If a financial institution is refusing to release estate account statements or tax forms needed to close accounts and finish an estate administration, our firm has experienced attorneys who can help clarify what documentation is required and how to push the process forward. 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.