Short Answer

In North Carolina, the personal representative claims out-of-state unclaimed property by submitting an estate claim to that state’s unclaimed property office with proof of authority (fresh certified or exemplified Letters), the death certificate, and ownership documentation. Some states will accept your North Carolina Letters; others require ancillary appointment there. Once recovered, deposit the funds in the North Carolina estate account (using the estate EIN), list them on the inventory/accountings, and handle creditor claims before distributing.

Understanding the Problem

You are the North Carolina personal representative and want to know if you can claim unclaimed property held by another state for the estate, and how to do it efficiently and correctly while the 90-day creditor notice period runs. One salient fact: your inventory will list possible unclaimed assets located in another jurisdiction.

Apply the Law

Under North Carolina law, a personal representative (PR) has the duty to gather estate assets and the authority to act for the estate. Your Letters (testamentary or administration) prove that authority. However, Letters generally have no effect outside North Carolina, so the other state’s unclaimed property office may require authenticated (exemplified) copies or even an ancillary appointment there. The main forum to submit the claim is the other state’s unclaimed property administrator. Here in North Carolina, you file the inventory with the Clerk of Superior Court and publish notice to creditors; the 90-day claim window runs from the first publication.

Key Requirements

• Authority of the PR: Have current certified or exemplified Letters to show you can act for the estate; many offices require Letters issued within 60–90 days.
• Foreign-state requirements: Follow the other state’s unclaimed property process; some accept your NC Letters, others require ancillary letters and a bond there.
• Proof package: Submit the death certificate, estate EIN, evidence tying the decedent to the asset (e.g., address or account info), and any required affidavits.
• Inventory and accounting: List the potential asset on the NC inventory and file a supplemental inventory when the funds are recovered; include them in estate accountings.
• Creditors and timing: Publish notice to creditors and observe the 90-day claims period before making distributions; recovered funds remain subject to legitimate claims.
• Taxes and banking: Use an estate checking account under the estate’s EIN; address any federal or other-state inheritance/estate tax clearances the payor requires.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-13-3 (Powers of personal representative) – Confers broad powers to collect, preserve, and distribute estate assets.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires publication/notice that starts the 90-day claims period.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory) – Requires a timely inventory and allows supplemental inventories for later-discovered assets.
• North Carolina Gen. Stat. § 28A-26-3 (Ancillary letters) – Recognizes that out-of-state assets may require ancillary appointment in the other jurisdiction.

Analysis

Apply the Rule to the Facts: Because your inventory already lists possible unclaimed property in another jurisdiction, prepare a claim to that state’s unclaimed property office with current certified or exemplified North Carolina Letters, the death certificate, and proof linking the decedent to the asset. Keep the funds subject to the 90-day creditor period you’ve initiated through publication. When the funds are released, deposit them into the estate account under the EIN, file a supplemental inventory, and include the funds in your accountings before any distribution.

Process & Timing

1. Who files: Personal representative. Where: The other state’s unclaimed property administrator (often the State Treasurer or Comptroller) via its online portal or by mail. What: Estate claim form plus certified/exemplified Letters (AOC-E-403 in NC), death certificate, estate EIN letter, and proof of ownership; in NC, file your Inventory (AOC-E-505) and Affidavit of Notice to Creditors (AOC-E-307). When: Submit the claim as soon as you have current Letters; many payors require Letters issued within 60–90 days.
2. If the other state requires ancillary appointment, engage local counsel there to open an ancillary estate and post any required bond; expect that process to add weeks and require authenticated NC documents.
3. After payment, deposit funds into the North Carolina estate account under the estate EIN, file a supplemental inventory, administer any timely creditor claims, then report the receipt on your accountings and proceed to distribution when appropriate.

Exceptions & Pitfalls

• Foreign-state hurdles: Some states will not pay an out-of-state PR without ancillary letters and a bond; build this into your timeline.
• Stale Letters: Many institutions reject Letters older than 60–90 days; order fresh certified or exemplified copies before filing.
• Tax clearances: Certain states require inheritance/estate tax waivers before releasing funds; confirm whether a prior state filing is needed.
• Wrong payee or account: Ensure payment is to the estate and deposited to an estate account using the estate EIN, not a personal account.
• Inventory gaps: If you listed the asset as “possible” or unknown, remember to file a supplemental inventory when funds are received.
• Competing fiduciaries: If another jurisdiction has appointed a different PR, coordinate to avoid conflicting claims and to meet that state’s rules on who may claim.

Talk to a Probate Attorney

If you’re dealing with out-of-state unclaimed property for a North Carolina estate, 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.