Short Answer

In North Carolina, banks will release a decedent’s bank funds to the person with court-issued authority over the estate’s personal property. Bring a certified copy of your filed Affidavit for Collection of Personal Property (or, if applicable, Letters Testamentary/Letters of Administration), a certified death certificate, and your government photo ID. If the bank opens an estate-titled account, it may also ask for the estate’s tax ID (EIN) and a completed IRS Form W-9. Lenders on real property will want the same proof of authority and death certificate.

Understanding the Problem

You want to know exactly what to hand a North Carolina bank (and a mortgage lender) to prove you are the sole heir and have legal authority to access your mother’s accounts and address her loan. Here, you already have a court-approved affidavit confirming your authority, and you must present it to the bank and lender so you can close the accounts and manage the loan.

Apply the Law

Under North Carolina law, personal property owned solely by a decedent—including bank accounts—may be collected by either (1) a qualified personal representative with Letters or (2) a collector by affidavit using a court-filed Affidavit for Collection of Personal Property. After at least 30 days from death, and if the small-estate eligibility rules are met, the affiant files the affidavit with the Clerk of Superior Court in the county of the decedent’s domicile. A certified copy of that filed affidavit compels banks and others holding personal property to deliver it to the affiant. The affidavit authorizes collection of personal property only; it does not authorize selling or transferring title to real estate. For mortgages or deeds of trust, lenders typically accept the same proof of authority and the certified death certificate for account information or payoff coordination.

Key Requirements

• Certified proof of authority: Present a certified copy of your filed Affidavit for Collection of Personal Property; if a personal representative was appointed instead, present current Letters.
• Proof of death: Provide an original or certified death certificate so the bank or lender can verify the decedent’s death.
• Identity verification: Bring a government photo ID; if corresponding by mail, include a legible copy.
• Bank/lender specifics: Have account numbers and complete any institution-specific forms; securities may also require a medallion signature guarantee.
• Tax identification: If opening an estate-titled account, be prepared to provide an EIN for the estate and a W‑9.
• Scope limits: The affidavit covers personal property only; it does not, by itself, authorize sale or transfer of real estate.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-25-1 (Collection by affidavit—intestate estates) – Allows an heir/qualified person to collect a decedent’s personal property by affidavit after 30 days.
• North Carolina Gen. Stat. § 28A-25-1.1 (Collection by affidavit—testate estates) – Similar affidavit process where there is a will; requires probate of the will.
• North Carolina Gen. Stat. § 28A-25-2 (Compelling delivery) – Provides a court remedy if a person or institution refuses to turn over property upon presentation of a certified affidavit.

Analysis

Apply the Rule to the Facts: Because you already have a court-approved affidavit confirming your authority, the key documents are certified copies of that filed affidavit, a certified death certificate, and your ID. Present those to each bank to close accounts and transfer funds. For the mortgage lender, sending the same probate paperwork and death certificate (as your law firm is doing) aligns with the requirements to authenticate your authority and the death. Remember, the affidavit lets you collect funds and pay claims; it doesn’t authorize conveying real estate.

Process & Timing

1. Who files: The heir/qualified person. Where: Clerk of Superior Court in the county of the decedent’s domicile in North Carolina. What: Affidavit for Collection of Personal Property (AOC‑E‑203B for decedents dying on/after Jan. 1, 2012); attach required details and, if there is a will, ensure it’s probated. When: File after at least 30 days from death.
2. Obtain multiple certified copies of the filed affidavit from the Clerk. Contact each bank and the lender to confirm any institution-specific forms. Present the certified affidavit, certified death certificate, and your ID; provide an estate EIN/W‑9 if the bank requires an estate-titled account.
3. Upon acceptance, the bank closes the decedent’s accounts and releases funds to you in your capacity as affiant/collector, or to an estate-titled account. Keep records, pay allowed claims, then distribute remaining funds to yourself as sole heir consistent with the affidavit’s distribution order. File any required closing paperwork with the Clerk if requested.

Exceptions & Pitfalls

• If a bank refuses to honor a certified affidavit and you qualify to use it, North Carolina law allows an action to compel turnover; consult counsel before escalating.
• The affidavit does not authorize selling or transferring title to real estate; separate authority is needed if you must convey property or conduct a sale.
• Joint or payable‑on‑death accounts usually pass outside the estate; your affidavit may not control those unless funds are later needed to pay estate claims.
• Bring enough certified copies of the affidavit; some institutions require their own originals for their files.
• If opening an account titled to the estate, don’t use the decedent’s Social Security number; obtain and use the estate’s EIN.

Talk to a Probate Attorney

If you need to collect bank funds or work with a lender using a small‑estate affidavit in North Carolina, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at .

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.