Probate Q&A Series

What documentation is required to verify an attorney’s representation of a deceased individual’s estate when requesting property information?

Detailed Answer

In North Carolina, property records maintained by county tax or register of deeds offices are generally public. However, when an attorney seeks detailed tax or ownership information for a decedent’s real estate, the office will want proof that the attorney represents the estate’s personal representative. The key documents include:

  1. Letters Testamentary or Letters of Administration. A certified copy issued by the clerk of superior court under N.C. Gen. Stat. § 28A-6-2 or § 28A-6-3. These letters formally appoint a personal representative and grant authority to act for the estate.
  2. Court Order Appointing a Special Administrator. If the estate has not yet qualified under the will or intestacy, a temporary appointment under § 28A-6-1 may suffice. Submit the certified order.
  3. Attorney Representation Letter. A signed letter on your law firm’s letterhead from the personal representative confirming you act as estate counsel. This letter should reference the case file number, the decedent’s name, and the clerk’s office that issued the letters.
  4. Attorney Identification. Include your North Carolina State Bar number and a business card or official bar directory printout to confirm your status as a licensed attorney.
  5. Completed Request Forms and Fees. Some counties require a standard request form or nominal copy fees. Check the local tax or register of deeds website for any specific procedures or online portals.

Legal Authority
North Carolina statutes governing probate are in Chapter 28A of the General Statutes. The public’s right to inspect real estate tax records is set out in N.C. Gen. Stat. § 153A-333 and for cities in § 160A-217. While records are open, offices must confirm any request that involves detailed or nonpublic data comes from an authorized representative.

Key Takeaways

  • Obtain certified Letters Testamentary or Letters of Administration to prove authority under Chapter 28A.
  • If the estate is not fully probated, submit a court order appointing a special administrator.
  • Provide a signed firm letter from the personal representative naming you as estate counsel.
  • Include your North Carolina State Bar number and business card or bar directory entry.
  • Check the county’s rules for form requirements and minimal copy fees before submitting your request.

Proper documentation helps you access property details quickly and keeps your probate administration on track. If you need guidance gathering these materials or managing any other probate step, reach out to our team.

Contact Pierce Law Group

Pierce Law Group has attorneys with extensive probate experience ready to help you. To discuss how to verify your representation and obtain property information for a deceased individual’s estate, email intake@piercelaw.com or call us at (919) 341-7055. Let us streamline your estate administration process today.