Short Answer

In North Carolina, a person has no executor authority until the Clerk of Superior Court issues Letters. If no one has qualified, you can’t demand estate bank statements yet, but you can ask the Clerk to compel production of the will and you may apply to probate after 60 days if the named executor does not. Once a personal representative qualifies, you may seek inventories and accounts through the Clerk. For trust assets, qualified beneficiaries can demand trust information and, if needed, ask the Clerk to order a trustee to account.

Understanding the Problem

You want to know whether you can require a sibling who calls themselves the “executor” to provide bank statements and trust records in North Carolina, where no probate has been opened. This question fits probate and trust administration: who owes you information, and when. The key is whether your sibling has officially qualified with the Clerk of Superior Court and whether you are a beneficiary of any trust holding your parent’s assets.

Apply the Law

Under North Carolina law, only a court-qualified personal representative (executor or administrator) has authority over an estate and the duty to inventory and account. A person merely claiming to be executor has no legal authority until they apply, take the oath, and the Clerk issues Letters. If the will exists but hasn’t been filed, the will’s custodian can be compelled to produce it, and an interested person may initiate probate after a waiting period. Trustees generally do not file accountings with the Clerk, but they must keep records and inform and report to qualified beneficiaries. Estate matters and most trust “internal affairs” are heard by the Clerk of Superior Court (Estates Division), who can order accountings and issue subpoenas.

Key Requirements

• Executor authority starts at qualification: No duty to account as PR exists until Letters issue; before that, there is no estate file to inspect.
• Produce and probate the will: A will custodian can be ordered to deliver the will; after 60 days, an interested person may apply to probate if the named executor does not.
• Estate inventories and accounts: After qualification, the PR files an inventory (generally within 90 days) and periodic/final accounts; the Clerk can audit and compel them.
• Trustee duty to inform and report: Qualified trust beneficiaries may demand copies of the instrument and reasonably complete information; trustees must provide at least annual reports.
• Forum and enforcement: The Clerk of Superior Court can order estate accountings, issue subpoenas, and hear trust proceedings to compel trustee reports and accounts.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2A-4 (Production of will) – Clerk may compel a person holding a will to deliver it.
• North Carolina Gen. Stat. § 28A-21-4 (Compel personal representative to account) – Clerk or interested party can obtain an order requiring a full account.
• North Carolina Gen. Stat. § 36C-8-813 (Trustee’s duty to inform and report) – Trustees must provide information and at least annual reports to qualified beneficiaries.
• North Carolina Gen. Stat. § 36C-2-203 (Trust proceedings; clerk jurisdiction) – Clerk has jurisdiction over internal trust matters, including accountings.

Analysis

Apply the Rule to the Facts: Because no probate is open, your sibling likely has not qualified and has no executor authority or accounting duty yet. You may ask the Clerk to compel production of the will and, after 60 days from death if the named executor does not act, you may apply to probate and request appointment of a personal representative. Once a PR qualifies, you can monitor the inventory and accounts in the estate file and ask the Clerk to order more detail if needed. If you are a qualified beneficiary of the trust holding assets, you can demand the trust instrument and recent reports; if refused, petition the Clerk in a trust proceeding to compel an accounting and records.

Process & Timing

1. Who files: You (an interested person). Where: Clerk of Superior Court, Estates Division, in the county where your parent resided. What: (a) Verified application to compel production of the will; and, if needed after 60 days, (b) Application for Probate and Letters (AOC-E-201). When: After death; if the named executor does not act within 60 days, you may apply to probate after giving required notice.
2. After a PR qualifies, the inventory is typically due about 90 days after qualification. Review filings at the Clerk’s office. If the PR does not file or you need detail, file a motion/petition in the estate file asking the Clerk to compel an accounting; the Clerk can order compliance and require supporting records.
3. For trust records, send a written request to the trustee for the trust instrument and recent reports. If ignored or incomplete, file a verified petition opening a trust proceeding with the Clerk seeking an order to account and produce records; the Clerk may issue subpoenas and set deadlines. Expected outcome: an order compelling delivery of trust information, and if ongoing issues, additional relief.

Exceptions & Pitfalls

• If no one has qualified, there is no “estate account” yet; banks will not release statements without Letters or a court order/subpoena.
• Assets in a funded trust are not estate assets; use trust remedies, not estate procedures, to obtain trust records.
• Only “qualified beneficiaries” have the full trust information rights; your status depends on the trust’s terms.
• Service and notice rules apply in estate and trust proceedings; improper service can delay or derail relief.
• Local practices and timeframes can vary by county; procedures and deadlines can change.

Talk to a Probate Attorney

If you’re dealing with a sibling who hasn’t opened probate or shared trust information, 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.