Short Answer

In North Carolina, most financial institutions will require: (1) certified Letters Testamentary (or Letters of Administration), (2) a certified death certificate, (3) your government-issued photo ID, and (4) the institution’s own authorization form(s). Many banks and brokers also ask for an estate EIN and IRS Form W-9 for the estate. Securities transfer agents often require an Affidavit of Domicile and a medallion signature guarantee, and they commonly insist on Letters dated within the last 60 days.

Understanding the Problem

In North Carolina probate, an executor needs to prove legal authority before a company will allow access to or closure of a decedent’s financial account. You want to know exactly what to send the institution. Here, the executor already has a death certificate, Letters Testamentary, personal ID, and the company’s authorization questionnaire, and plans to fax the documents to the representative for review.

Apply the Law

Financial institutions must verify the personal representative’s authority and protect customer data. Under North Carolina law, the Clerk of Superior Court issues Letters Testamentary (or Administration) that authorize the personal representative to collect assets. Some accounts pass outside probate (for example, certain joint-with-survivorship or payable-on-death accounts), but even those funds can be recoverable to pay estate claims if other assets are insufficient. Institutions set their own documentation standards, and many require recent, certified Letters and a certified death certificate before releasing funds or changing titling.

Key Requirements

• Proof of authority: Certified Letters Testamentary/Administration issued by the Clerk of Superior Court; many institutions require Letters dated within the last 60 days.
• Proof of death: Certified death certificate showing the decedent’s date of death.
• Personal identity: Government-issued photo ID for the personal representative.
• Institution forms: The company’s authorization questionnaire and any beneficiary or indemnity forms they require.
• Tax identification: Estate EIN and a completed IRS Form W-9 for the estate when opening/retitling or closing to the estate.
• Securities-specific items: For brokerage/transfer agents, expect an Affidavit of Domicile and a medallion signature guarantee; certified Letters commonly must be recent (often within 60 days).
• Account type check: Confirm if the account is solely owned (probate) or nonprobate (e.g., POD/JTWROS), which affects what can be delivered and how.

What the Statutes Say

• N.C. Gen. Stat. § 28A-6-1 (Application for letters) – Clerk issues Letters that establish the personal representative’s authority.
• N.C. Gen. Stat. § 41-2.1 (Certain joint accounts) – Surviving owners take funds, but a portion may be used to pay estate claims if needed.
• N.C. Gen. Stat. § 28A-15-10 (Recovery of nonprobate funds) – Allows recovery of certain nonprobate funds to pay estate claims when other assets are insufficient.
• N.C. Gen. Stat. § 28A-15-12 (Actions to recover property) – Authorizes actions or estate proceedings to recover property for the estate.

Analysis

Apply the Rule to the Facts: You already have core items: certified death certificate, Letters Testamentary, and your photo ID. Send those with the company’s authorization questionnaire. If the account is a brokerage account or involves stock transfer/DRIPs, add an Affidavit of Domicile and obtain a medallion signature guarantee. If the institution will cut a check to the estate or open an estate account, include the estate’s EIN and an IRS Form W-9 for the estate. Ask whether they need fresh, certified Letters if yours are older than 60 days and whether faxed copies are acceptable or if originals must be mailed.

Process & Timing

1. Who files: Personal representative. Where: Clerk of Superior Court (to obtain certified Letters); then the financial institution’s estates/decedent accounts department. What: Certified Letters, certified death certificate, photo ID, institution authorization form(s), and, as needed, estate EIN and IRS Form W‑9; for securities, Affidavit of Domicile and medallion guarantee. When: Many institutions require Letters issued within 60 days.
2. Submit the document package as the institution directs. Many will review within 1–2 weeks; some require mailing original certified documents or in‑branch presentation for medallion guarantees.
3. Upon approval, the institution will either grant access, retitle to the estate, or close and disburse proceeds to the estate. Keep confirmations for your inventory and accounting with the Clerk.

Exceptions & Pitfalls

• Nonprobate accounts (e.g., POD or certain survivorship accounts) may not be controlled by Letters; however, portions can be recoverable to pay estate claims if other assets are insufficient.
• Faxed or scanned documents are often not accepted in place of certified copies; ask whether originals must be mailed or delivered in person.
• Securities transfers typically require a medallion signature guarantee and an Affidavit of Domicile; plan ahead to avoid delays.
• Make sure you have the estate EIN and submit an IRS Form W‑9 in the estate’s name if funds will be paid to the estate or an estate account will be opened.

Talk to a Probate Attorney

If you’re dealing with accessing or closing a deceased loved one’s financial account in North Carolina probate, 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.