What documents does a bank need to release statements for an estate account opened after death with an EIN? – North Carolina

Short Answer

In North Carolina, a bank usually releases statements for an estate account to the court-appointed personal representative (or the personal representative’s attorney) after receiving proof of authority. The most common documents are certified Letters Testamentary or Letters of Administration, a death certificate, and identifying information for the estate account (the estate EIN and the account number). Banks may also require their own authorization form and acceptable ID for the person receiving the statements.

Understanding the Problem

In North Carolina probate, a common question is what a personal representative can provide to a bank so the bank will release monthly statements for an estate account that was opened after death under an estate EIN. The issue often comes up when the bank searches by the decedent’s Social Security number, cannot locate the estate account, and then needs confirmation of the person’s authority and the correct account identifier. The decision point is whether the person requesting the statements has the right authority for the estate account that exists under the estate’s EIN rather than the decedent’s Social Security number.

Apply the Law

Under North Carolina law, the personal representative is the person who has legal authority to act for the estate once the Clerk of Superior Court issues appointment documents (commonly called “Letters”). In practice, banks rely on certified Letters Testamentary (if there is a will) or certified Letters of Administration (if there is no will) as proof that the requester can obtain information and manage estate funds. Because an estate account opened after death uses the estate’s EIN, the bank typically also needs the estate EIN and the account number so it can locate the correct account and match it to the estate records.

Key Requirements

• Proof of authority: Certified Letters Testamentary or certified Letters of Administration showing the personal representative’s appointment in North Carolina.
• Proof of death and identity: A certified death certificate for the decedent and valid identification for the person receiving the statements (and, if applicable, proof the attorney represents the personal representative).
• Correct account identifiers: The estate EIN and the estate account number (and sometimes the bank’s internal customer/profile number) so the bank can locate an account opened after death.

What the Statutes Say

• N.C. Gen. Stat. § 36F-8 (Disclosure to personal representative) – For certain custodians, lists the common proof a personal representative provides (written request, certified death certificate, and certified letters/court order), which reflects the standard “proof of authority” approach many institutions follow when releasing estate information.

Analysis

Apply the Rule to the Facts: A personal representative requested statements for an estate bank account, but the bank could not find an account using the Social Security number on the death certificate. Because the account was opened after death under an estate EIN and has its own account number, the practical way to locate it is by the estate EIN and account number, but the bank still typically needs certified Letters showing the requester’s authority over the estate. Once the bank matches the estate EIN/account number to the estate and confirms authority, it commonly releases statements to the personal representative or the personal representative’s attorney.

Process & Timing

1. Who files: The personal representative (or the personal representative’s attorney). Where: With the bank’s estate or legal documentation department (often through a local branch, then routed internally). What: A written request identifying the estate account; a certified copy of Letters Testamentary or Letters of Administration; a certified death certificate; and the estate EIN and account number. When: After the personal representative qualifies and receives certified Letters from the Clerk of Superior Court.
2. Bank verification: The bank verifies the Letters and matches the request to the correct account using the estate EIN/account number (since the SSN search will not locate an account created under the estate EIN). The bank may require completion of an internal authorization form and may limit delivery methods (mail, secure portal, or fax) based on its privacy procedures.
3. Release of statements: After verification, the bank releases copies of statements for the requested date range and may also provide signature cards or account opening documents if requested and permitted by bank policy.

Exceptions & Pitfalls

• No appointment yet: If no personal representative has qualified, the bank may refuse to release statements beyond what its policy allows, even if the requester has a death certificate or the EIN/account number.
• Wrong capacity: A family member, agent under a power of attorney, or other helper may not have authority after death; banks usually require the personal representative’s Letters for estate information and estate accounts.
• Mismatch in identifiers: Requests often stall when the bank is given the decedent’s Social Security number instead of the estate EIN, or when the account number is incomplete. Providing the estate EIN and full account number (and the exact account title) can prevent delays.
• Delivery method and privacy: Even when the bank agrees to send records by fax, it may require a secure fax number, a cover sheet, or a branch fax to comply with privacy safeguards.

Conclusion

In North Carolina, a bank typically needs proof that the requester has authority to act for the estate before it releases statements for an estate account opened after death under an estate EIN. In most cases, that means providing a written request plus certified Letters Testamentary or Letters of Administration, a certified death certificate, and enough account information to locate the account (the estate EIN and account number). The next step is to submit the written request and certified Letters to the bank’s documentation department after the personal representative qualifies.

Talk to a Probate Attorney

If a bank is refusing to release estate account statements or keeps searching under the wrong identifier (like a Social Security number instead of an estate EIN), a probate attorney can help confirm the correct documents to provide and the right department to contact. 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.