Probate Q&A Series

What steps do I need to take to obtain IRS tax transcripts during probate? – North Carolina

Short Answer

In North Carolina, an executor can obtain IRS tax transcripts by first qualifying with the Clerk of Superior Court and securing Letters (proof of authority). Then file IRS Form 56 to notify the IRS of your fiduciary role and submit IRS Form 4506-T (or 4506) with a certified copy of your Letters to request the transcript types you need (often Wage & Income, Return, and Account transcripts). Use the results to meet your 90-day inventory duty and to evaluate creditor claims.

Understanding the Problem

You are the North Carolina executor and need IRS tax transcripts to identify the decedent’s assets during probate. You are also reviewing claims, including a relative’s undocumented reimbursement and loan claims, and a class action notice related to a vehicle the decedent no longer owns. The question is: how do you, as executor, obtain IRS transcripts promptly so you can inventory assets and make informed decisions?

Apply the Law

Under North Carolina law, a personal representative (executor or administrator) must identify, collect, and inventory estate assets and handle creditor claims. The Clerk of Superior Court issues Letters that prove your authority. For federal tax information, the IRS requires notice of your fiduciary role and a proper request before it will release the decedent’s tax data.

Key Requirements

  • Be the qualified personal representative: Apply, qualify, and obtain Letters from the Clerk of Superior Court; use these Letters as proof of authority with the IRS.
  • Notify the IRS of your fiduciary role: File IRS Form 56 so the IRS directs tax correspondence to you and will honor your transcript requests.
  • Request the right transcripts, correctly: Use IRS Form 4506-T (or Form 4506 for copies) with a certified copy of your Letters; specify years and transcript types (Wage & Income, Return, Account) to locate banks, brokers, and other payors.
  • Meet probate timelines: File the inventory within three months of qualification and publish/mail notice to creditors on time; use transcripts to help complete the inventory and evaluate claims.
  • Protect privacy and accuracy: Match the decedent’s identifying details and last filing address; send copies (not originals) of Letters; keep a clear paper trail.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because you are waiting on IRS data to identify assets, qualify first and obtain Letters, file Form 56, then use Form 4506-T with a certified copy of your Letters to order Wage & Income and Account transcripts for recent years; this helps you spot banks, brokers, and payors for the inventory. For the class action notice about a vehicle no longer owned, transcripts may confirm lenders or insurance but won’t supply repair records; decide whether to claim or opt out based on available evidence. For the relative’s undocumented claims, rely on records; if documentation is lacking, issue a written rejection and calendar the creditor’s lawsuit deadline under North Carolina law.

Process & Timing

  1. Who files: Executor/Administrator. Where: Qualify with the Clerk of Superior Court in the county of administration; submit IRS filings to the IRS. What: AOC-E-201 (Application for Probate and Letters) or AOC-E-202 (Application for Letters of Administration) to get Letters; IRS Form 56 (Notice Concerning Fiduciary Relationship); IRS Form 4506-T (or 4506) to request transcripts; consider Form SS-4 to obtain an estate EIN. When: Inventory is due within three months of qualification; mail notice to known creditors within 75 days of qualification; publish notice promptly.
  2. After the IRS receives Form 56 and your Form 4506-T with a certified copy of your Letters, transcripts typically arrive by mail; processing can take several weeks. Use transcripts to contact institutions, confirm balances as of date of death, and finish your inventory.
  3. File the completed inventory with the Clerk. Continue to evaluate and accept/reject claims. If you reject a claim, send written notice and track the creditor’s deadline to sue, which is strictly enforced under North Carolina law.

Exceptions & Pitfalls

  • IRS won’t release transcripts without proof of authority; include a certified copy of your Letters and file Form 56 first.
  • Use the decedent’s last-filed return address and correct SSN on Form 4506-T; mismatches cause rejections and delays.
  • If no returns were filed, request Wage & Income transcripts; these often reveal banks, brokers, pensions, and payors.
  • Do not pay undocumented or questionable claims; issue a written rejection and calendar the creditor’s suit deadline. Missing notice-to-creditor steps can extend claim periods.
  • Class action notices: confirm ownership dates and required proof; without repair records, weigh whether claiming is worthwhile.

Conclusion

To obtain IRS tax transcripts during North Carolina probate, qualify and get Letters, notify the IRS of your fiduciary role with Form 56, and submit Form 4506-T (or 4506) with a certified copy of your Letters for the needed years and transcript types. Use the results to complete your 90-day inventory and evaluate claims. Next step: file Form 56 and send a completed Form 4506-T with a certified copy of your Letters to the IRS.

Talk to a Probate Attorney

If you’re dealing with IRS transcript requests, inventory deadlines, or disputed claims, 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.