Short Answer

In North Carolina, you can ask the Clerk of Superior Court to order the former power-of-attorney agent to provide a full accounting and to restore money wrongfully taken. The estate’s personal representative (or an interested person) can also bring an estate proceeding to recover estate property and, if needed, seek to remove or replace an administrator who is not acting properly. Some accounts with beneficiary designations pass outside probate, but withdrawals made before death by an agent can often be clawed back.

Understanding the Problem

You are a North Carolina surviving spouse asking: can I recover money after a relative who held a durable power of attorney closed the decedent’s bank accounts? The key decision is whether (and how) North Carolina probate law lets you compel an accounting and get those funds back, given that the relative later qualified as estate administrator. One salient fact: the relative cashed CDs that named you as beneficiary.

Apply the Law

Under North Carolina law, the Clerk of Superior Court oversees estate administration. After death, the personal representative (PR) controls the decedent’s personal property for administration. An agent under a power of attorney owes fiduciary duties; if the agent misused funds before death, courts can compel an accounting and order repayment. The PR (or any interested person) may initiate proceedings to examine and recover estate property. If the current administrator is obstructing or mishandling assets, you can ask the Clerk to compel filings or revoke their letters.

Key Requirements

• Standing: A personal representative or any interested person may seek an accounting from the former agent and pursue recovery of estate property.
• Accounting and Remedies: The court can order the agent to account, suspend or remove the agent’s authority, and require restoration of money or property wrongfully taken.
• Estate Recovery Tool: Use an estate proceeding to examine persons believed to hold estate property and obtain orders for turnover.
• Administrator Oversight: If an administrator fails to inventory, account, or safeguard assets, petition the Clerk to compel compliance or revoke letters.
• Forum and Venue: File estate proceedings with the Clerk of Superior Court in the county where the decedent was domiciled.
• Deadlines/Thresholds: Clerk orders generally have short appeal windows; orders to account often require a response within 20 days once served.

What the Statutes Say

• N.C. Gen. Stat. § 32C-1-116 (Judicial relief re powers of attorney) – Allows the court/Clerk to compel an agent’s accounting and limit or terminate authority.
• N.C. Gen. Stat. § 32C-1-117 (Agent’s liability) – Treats violations as fiduciary breaches and authorizes restitution and other remedies.
• N.C. Gen. Stat. § 28A-15-12 (Actions to recover property of decedent) – Lets a PR or interested person examine and recover estate property.
• N.C. Gen. Stat. § 28A-9-1 (Revocation of letters) – Authorizes revocation of an administrator’s letters for misconduct or default.

Analysis

Apply the Rule to the Facts: Because the relative acted as agent and then closed accounts and cashed CDs naming you, you (as an interested person) can request the Clerk to compel a full agent accounting and order restitution of any pre-death withdrawals that breached fiduciary duties. If the relative—now administrator—is blocking access or failing to account, petition the Clerk to compel an inventory and account and, if warranted, revoke their letters and appoint a neutral PR to recover funds.

Process & Timing

1. Who files: You (as an interested person) or the PR. Where: Clerk of Superior Court in the decedent’s county of domicile. What: File a verified petition to (a) compel the former agent’s accounting and seek restitution; and (b) commence an estate proceeding to examine and recover estate property. Include an Estate Proceeding Summons. When: File promptly to preserve assets; if the Clerk orders an accounting, the agent typically must respond within 20 days after service.
2. At the hearing, request interim relief: orders to produce records, freeze or turn over disputed funds, and, if needed, suspension or removal of the administrator. Timeframes vary by county; many Clerks set hearings within weeks of filing.
3. If letters are revoked or recovery is ordered, the successor PR collects funds and files required inventories/accounts. Noncompliance may be enforced by contempt and further court orders.

Exceptions & Pitfalls

• Some assets pass outside probate (e.g., pay-on-death CDs or joint accounts). You may still challenge pre-death cash-outs by an agent as a fiduciary breach.
• If you seek money damages (conversion, unjust enrichment), file a civil action in Superior Court; the Clerk cannot award tort damages.
• Serve the proper Estate Proceeding Summons and notice. Errors in service can delay or defeat relief.
• Move quickly to preserve assets. Consider injunctions or attachment in Superior Court to prevent dissipation while proceedings are pending.

Talk to a Probate Attorney

If you’re dealing with missing estate funds after an agent closed accounts, 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.