What is a letter of authorization for estate bank records, and why does it need to be notarized? – North Carolina

Short Answer

In North Carolina probate, a “letter of authorization” for estate bank records is a written permission signed by the estate’s personal representative (executor/administrator) allowing a bank to release account statements or other records to a named person, often the estate’s attorney. It is commonly used to help gather missing statements needed for the Clerk of Superior Court accounting. Banks often ask for the authorization to be notarized to confirm the signer’s identity and reduce the risk of releasing private financial information to the wrong person.

Understanding the Problem

In North Carolina, when a personal representative is administering a parent’s estate and needs bank statements to complete required court accountings, a common question is whether a bank will release records to someone other than the personal representative. The decision point is whether the bank will accept a written authorization so a third party (such as an attorney) can request and receive estate account statements while the estate remains open. The practical issue is that banks often require extra identity verification before releasing records, even when the request relates to an estate administration.

Apply the Law

Under North Carolina probate practice, the personal representative is the person with legal authority to collect information and manage estate assets after qualifying with the Clerk of Superior Court. In day-to-day administration, banks typically rely on the personal representative’s court-issued Letters (Letters Testamentary or Letters of Administration) to confirm that authority. A separate letter of authorization is not the same thing as the court Letters; it is a private permission document used to direct the bank to share records with a specific person or to send future statements to a particular address for accounting and administration purposes.

Key Requirements

Proper authority (who can authorize): The authorization should be signed by the currently qualified personal representative for the estate (not just an heir or relative).
Clear scope (what can be released): The document should identify the bank, the account(s) or estate relationship, the types of records requested (statements, signature cards, date-of-death balances), and whether it covers future statements.
Bank compliance and identity verification: Even with court Letters, a bank may require additional steps (including notarization) to confirm identity and reduce privacy and fraud risk before releasing records to a third party.

What the Statutes Say

N.C. Gen. Stat. § 36F-8 (Disclosure of other digital assets of deceased user) – Allows a personal representative to obtain certain non-content digital asset information from a custodian by providing a written request and proof of authority (such as certified Letters), illustrating that third parties often require specific documentation before releasing information after death.
N.C. Gen. Stat. § 36F-7 (Disclosure of content of electronic communications of deceased user) – Sets conditions under which a personal representative can obtain the content of electronic communications, reflecting that disclosure rules can be stricter depending on the type of record requested.

Analysis

Apply the Rule to the Facts: Here, the estate needs missing bank statements to complete required accountings, and a relative’s attorney is offering a notarized authorization so the attorney can obtain statements directly from the bank going forward. That fits a common probate workflow: the personal representative remains responsible for the accounting, but can authorize an attorney to request records and receive future statements to keep the estate’s records complete. Notarization is typically requested because the bank wants stronger proof that the personal representative truly signed the authorization and intended to permit disclosure to that specific attorney.

Process & Timing

Who signs: The qualified personal representative. Where: The authorization is usually delivered to the financial institution (not filed with the court). What: A written authorization/letter identifying the estate, the account(s), the records requested, and the person authorized to receive them; banks commonly also request a certified copy of the Letters Testamentary/Letters of Administration and a death certificate. When: As soon as missing statements are identified, so the accounting can be completed on time.
Bank review: The bank verifies the signer’s authority and identity, then releases statements or sets up future statement delivery to the authorized recipient. Processing time varies by institution and may depend on whether older statements must be retrieved from archives.
Use in the accounting: The statements are used to support receipts, disbursements, and balances shown in the estate accounting filed with the Clerk of Superior Court.

Exceptions & Pitfalls

Authorization signed by the wrong person: A bank may reject an authorization signed by an heir, agent under a power of attorney, or former personal representative if that person is not the currently qualified personal representative.
Overbroad or unclear requests: If the authorization does not clearly identify which records can be released (and to whom), the bank may limit production or refuse to send future statements.
Privacy and fraud controls: Even with notarization, banks may require their own internal form, medallion-type verification for certain transactions, or additional documentation for older records.
Confusing “authorization” with court Letters: The court-issued Letters establish legal authority to act for the estate; the authorization simply directs the bank to share information with a third party for convenience and recordkeeping.

For more context on probate record access and bank cooperation, see who is allowed to request and receive a deceased person’s account records during probate and how to get financial institutions to release account balances and transfer an account into the estate.

Conclusion

In North Carolina, a letter of authorization for estate bank records is a written permission from the qualified personal representative allowing a bank to release statements or other account records to a named person, often an attorney helping with the estate accounting. Banks commonly require notarization to verify identity and reduce the risk of improper disclosure. The next step is for the personal representative to sign the bank’s preferred authorization (or a clear written authorization) and provide it with certified Letters so the missing statements can be obtained before the probate accounting deadline.

Talk to a Probate Attorney

If you’re dealing with missing estate bank statements or a bank that will not release records without additional documentation, our firm has experienced attorneys who can help explain options and timelines and coordinate the paperwork with the financial institution. Call us today at [CONTACT NUMBER].

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.