Short Answer

In North Carolina, you generally need court authority (Letters Testamentary or Letters of Administration, or a small-estate Affidavit of Collection), a certified death certificate, and account or wallet evidence tying the cryptocurrency to the decedent. For exchange-held accounts, send a written request under North Carolina’s digital‑assets law with certified Letters and the death certificate. For self‑custodied wallets, preserve the keys and document the wallet addresses and transaction history; do not file private keys with the court.

Understanding the Problem

In North Carolina probate, how do I, as the surviving spouse or future personal representative, prove the decedent owned cryptocurrency so I can legally retrieve it and administer the estate? The decedent held multiple cryptocurrency accounts on an online exchange.

Apply the Law

Under North Carolina law, a personal representative (PR) must be appointed in a full administration or, if eligible, a small-estate collector can be authorized by affidavit. That fiduciary uses court authority to marshal assets, including digital assets. North Carolina’s digital‑assets law allows custodians (like crypto exchanges) to disclose a decedent’s account information to the PR after receiving a compliant request and required documents. The Clerk of Superior Court is the probate forum. For small estates, you must wait 30 days from death before filing the affidavit; in full estates, the PR typically files an inventory after qualification.

Key Requirements

• Authority to act: Obtain Letters Testamentary/Administration or qualify for a small‑estate Affidavit of Collection to collect personal property.
• Proof of death and identity: Certified death certificate and government ID for the fiduciary.
• Asset evidence: Exchange statements, account identifiers, or custodian confirmations; for self‑hosted wallets, wallet addresses, device information, and transaction history linking the decedent to the asset.
• Digital‑assets request: A written request to the custodian under North Carolina’s digital‑assets law with certified Letters and the death certificate; follow the custodian’s additional procedures.
• Court reporting: List cryptocurrency on the estate inventory and accountings; value it as of the date of death.
• Security of keys: Safeguard private keys and seed phrases; do not file them in the public court record.

What the Statutes Say

• Revised Uniform Fiduciary Access to Digital Assets Act (Chapter 36F) – Allows fiduciaries to request disclosure of a decedent’s digital assets from custodians.
• G.S. 28A-6-1 (Application for letters) – Governs appointment of a personal representative to act for the estate.
• G.S. 28A-25-1 (Collection of personal property by affidavit) – Small‑estate procedure to collect personal property after 30 days.
• G.S. 28A-15-12 (Discovery and delivery of estate property) – Lets a PR seek court orders to examine holders of estate property and compel turnover.

Analysis

Apply the Rule to the Facts: Because the decedent had multiple exchange accounts, the most efficient route is to obtain Letters from the Clerk and send each exchange a written request under the digital‑assets statute with certified Letters and a certified death certificate. If the value qualifies and no full administration is needed, the surviving spouse may use a small‑estate affidavit to collect personal property; if an exchange refuses the affidavit, open a full estate and use Letters or seek a turnover order.

Process & Timing

1. Who files: Surviving spouse or other eligible person. Where: Clerk of Superior Court in the North Carolina county of the decedent’s domicile. What: For full administration, file Application for Probate and Letters (AOC‑E‑201) or Application for Letters of Administration (AOC‑E‑202). For small estates, use Affidavit for Collection of Personal Property (AOC‑E‑203B). When: Small‑estate affidavits may be filed after 30 days from death; full estates may open sooner.
2. After qualification, send each exchange a written request citing the digital‑assets law with certified Letters and a certified death certificate. Provide account identifiers. Processing times vary by custodian and county practice.
3. List cryptocurrency on the Inventory (AOC‑E‑505) with a date‑of‑death value and note whether held on an exchange or in a self‑custodied wallet. If a custodian or third party refuses to release assets, file a petition with the Clerk to examine and compel delivery under G.S. 28A‑15‑12.

Exceptions & Pitfalls

• Custodian policies vary: some exchanges will not honor a small‑estate affidavit and will require Letters.
• Do not file private keys or seed phrases with the court; keep them offline and secure.
• Multi‑factor authentication or device locks can delay access; work with the custodian’s bereavement team early.
• If wallet ownership is disputed or access is denied, use the Clerk’s discovery/turnover proceeding to examine holders and compel delivery.
• Newly discovered assets that push the estate over small‑estate limits may require converting to a full administration.

Talk to a Probate Attorney

If you’re dealing with exchange‑held crypto or self‑custodied wallets after a death, our firm has experienced attorneys who can help you understand your options 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.