Probate Q&A Series

What should I do if the estate account was created after death but the bank still says there are no records? – North Carolina

Short Answer

In North Carolina, an estate account opened after death is usually tied to the estate’s EIN and the estate account number—not the decedent’s Social Security number—so a bank search limited to the death certificate SSN can come up “blank.” The practical next step is to make a written request that identifies the account by EIN and account number and includes certified Letters Testamentary/Letters of Administration showing the legal representative’s authority. If the bank still will not produce statements, escalation through the branch manager or the bank’s estate/records department is often needed, and a court order may be appropriate in stubborn cases.

Understanding the Problem

In North Carolina probate administration, a legal representative may need bank statements to track estate receipts and payments for required estate accounting. What happens when the bank searches using the Social Security number listed on the death certificate, but the account was opened after death in the estate’s name using an estate EIN and the bank reports “no records”? This issue usually turns on whether the request identifies the correct account owner and identifiers for an estate account created after death, and whether the bank has been given proof of the legal representative’s authority to receive account records.

Apply the Law

Under North Carolina practice, an estate checking account is commonly opened soon after the personal representative qualifies, because checks and refunds may arrive after death and the decedent’s personal accounts may be frozen or closed. Banks typically require a copy of the personal representative’s Letters to open and administer the account, and the estate account should use the estate’s taxpayer identification number (EIN), not the decedent’s Social Security number. As a result, record searches that rely only on the decedent’s SSN may not locate an estate account created after death. When a bank will not release information to an attorney or another helper, it may insist on dealing directly with the personal representative or require a written authorization from the personal representative.

Key Requirements

  • Correct account identifiers: The request should identify the account by the estate EIN and the specific account number (and the account title, if available), because a post-death estate account is not indexed to the decedent’s SSN the same way a personal account may be.
  • Proof of authority: The bank typically wants certified Letters Testamentary or Letters of Administration showing the personal representative is currently qualified and has authority to act for the estate.
  • Clear, written records request: A dated written request describing the statements needed (monthly statements for a date range; images of checks, deposit items, and signature cards if needed) helps avoid “no record” responses caused by internal routing or incomplete searches.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the bank could not find accounts using the Social Security number on the death certificate, but the account was opened after death under an estate EIN and has an account number. That mismatch explains why an SSN-based search may show “no records.” Because the bank agreed to search by EIN/account number and send statements, the most effective next step is to confirm the request is in writing and includes the personal representative’s certified Letters so the bank can validate authority and route the request to the correct department.

Process & Timing

  1. Who files: The personal representative (executor/administrator) or an attorney acting with written authorization from the personal representative. Where: With the bank branch where the estate account was opened and, if needed, the bank’s estate/records department. What: A written request for statements that lists (i) the estate EIN, (ii) the estate account number, (iii) the exact statement date range requested, and (iv) the return method (fax/mail/secure upload), plus a certified copy of the Letters and a copy of the death certificate. When: As soon as the statements are needed for the estate accounting or to reconcile estate transactions; delays can create accounting problems later.
  2. Confirm the search parameters: Ask the bank to search by account number first, then by EIN, and to confirm the exact legal name used on the account title (for example, “Estate of [Decedent]” versus a different format). If the bank’s first-line staff cannot locate it, request escalation to a supervisor and the bank’s back-office deposit operations/records unit.
  3. Document and follow up: Keep a log of dates, names, and what was requested. If statements arrive, review them promptly for missing months or missing check/deposit images and request any gaps in a second, narrower request.

Exceptions & Pitfalls

  • Bank will only speak to the personal representative: Some institutions will not release account information to anyone other than the qualified personal representative unless the personal representative signs a written authorization directing the bank to release information to the attorney.
  • Wrong “owner” in the request: Asking for records under the decedent’s SSN (or under the decedent’s personal name alone) can fail when the account is titled to the estate and uses an EIN. A request that lists the estate account number and EIN usually works better.
  • Incomplete statement scope: Monthly statements may not include check images or deposit item details. If the estate accounting requires transaction-level support, the request should specify whether images, deposit detail, and signature cards are needed.
  • Retention and archival delays: Older statements may be stored in an archival system that branch staff cannot access immediately. A targeted request to the records department often resolves this.

Conclusion

When an estate account is opened after death in North Carolina, the bank may not find it using the decedent’s Social Security number because the account is typically indexed to the estate EIN and the estate account number. A practical, effective step is to submit a written request that identifies the account by EIN and account number and includes certified Letters proving the personal representative’s authority. The next step is to send that request to the branch and the bank’s records/estate department immediately after qualification.

Talk to a Probate Attorney

If you’re dealing with a bank that cannot locate estate account records or will not release statements needed for an estate accounting, 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.