Short Answer

In North Carolina, only a duly qualified personal representative (executor or administrator) with issued Letters has authority to collect a decedent’s bank records and close accounts. To authorize your attorney, give the bank a written instruction signed by you as executor, attach certified Letters and the death certificate, and direct statements to your attorney. Obtain an EIN and open an estate account so funds can be transferred and tracked for the inventory and accounting.

Understanding the Problem

You’re the North Carolina executor and need your probate attorney to access statements and close your grandparent’s accounts at a specific bank. Can you authorize that, and what exact steps and timing apply so you can gather records, move funds into an estate account, and stay on track for the three-month inventory and the 90-day creditor period?

Apply the Law

Under North Carolina law, a personal representative (PR) controls the decedent’s personal property and financial records after qualification. The Clerk of Superior Court issues your Letters, which you use to collect bank information, close accounts titled in the decedent’s name, and move funds into an estate bank account opened with the estate’s EIN. You may hire an attorney and authorize the bank to share statements with that attorney. Your first major deadlines include filing an inventory within three months of qualification and running notice to creditors, which starts a claims window of at least three months.

Key Requirements

• Be qualified and have Letters: You must have Letters Testamentary or Letters of Administration before banks will release records or close accounts.
• Open an estate bank account: Obtain an EIN and use it to open an estate checking account to receive and track funds.
• Written bank authorization: Sign a clear authorization instructing the bank to release statements and account details to your named attorney; include certified Letters and the death certificate.
• Deposit and document: Close the decedent’s accounts and deposit proceeds into the estate account; maintain complete records for the inventory and accountings.
• Meet core deadlines: File the inventory within three months; publish/post notice to creditors and allow at least a three‑month claims period before final distributions.

What the Statutes Say

• North Carolina Gen. Stat. § 28A‑13‑3 (Powers of personal representative) – PR may collect assets, hire professionals, and manage estate funds.
• North Carolina Gen. Stat. § 28A‑14‑1 (Notice to creditors) – Requires publication/posting and establishes the creditor claims window.
• North Carolina Gen. Stat. § 28A‑20‑1 (Inventory due) – Inventory of assets is due within three months of qualification.
• North Carolina Gen. Stat. § 28A‑21‑1 (Annual accounts) – Requires periodic accountings if the estate remains open beyond one year.

Analysis

Apply the Rule to the Facts: You’re already the executor, so once you have certified Letters, you can instruct the bank to give your attorney account statements and balances as of the date of death. Get an EIN and open an estate account so the bank can transfer funds when the accounts are closed. Your attorney can organize statements for your three‑month inventory and later accountings while you run notice to creditors and manage timing for paying claims and expenses.

Process & Timing

1. Who files: Executor. Where: With the Clerk of Superior Court in the county of the estate for Letters; with the bank for access/closure. What: Provide certified Letters (AOC‑E‑403), certified death certificate, your photo ID, and a signed written authorization naming your attorney; obtain an EIN (IRS Form SS‑4) and open the estate account. When: Do this immediately after qualification so records flow to your attorney and funds are consolidated.
2. Ask the bank for date‑of‑death balances, accrued but unpaid interest, and copies of signature cards; direct monthly statements to your attorney. Many banks honor authorizations promptly once Letters are provided.
3. Close the decedent’s accounts and deposit proceeds into the estate account. Keep a ledger and retain bank statements for the inventory due within three months and for the annual or final account filed with the Clerk.

Exceptions & Pitfalls

• Do not use a power of attorney after death; authority comes from your Letters, not the POA.
• Joint or POD accounts may pass outside probate; still request date‑of‑death balances and ownership documents. If estate assets are insufficient, limited recovery of nonprobate funds may be possible under North Carolina law.
• Banks may require “recent” certified Letters; order extra certified copies and be prepared to refresh as needed.
• Route all funds through the estate account; avoid commingling and maintain receipts, statements, and check images for the Clerk’s review.
• Track executor and attorney fees and reimbursements carefully; the Clerk may review fees for reasonableness during accountings.

Talk to a Probate Attorney

If you need to authorize your lawyer to access statements and close your grandparent’s accounts while staying compliant with North Carolina probate timelines, our firm can help you map the steps and documents. 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.