Your loved one had investments — stocks, bonds, mutual funds, maybe an IRA or brokerage account. Now that they’ve passed, you need to figure out how to access those assets. Can you just call the brokerage firm? Do you need a court order? Will the account be frozen?
The answer depends entirely on how the account was set up. Accounts with a transfer-on-death (TOD) designation pass directly to the named beneficiary without probate. Accounts without one must go through the estate administration process. Knowing which path applies to you is the first step.
Many brokerage firms allow account holders to name a transfer-on-death (TOD) beneficiary. When the account holder dies, the assets transfer directly to the named beneficiary without going through probate. This is one of the simplest and fastest ways to pass investment accounts to heirs.
To claim assets from a TOD account, the beneficiary typically needs:
Each firm has its own procedures, but the process generally takes two to four weeks from submission to completion.
North Carolina recognizes TOD registrations under the Uniform Transfer-on-Death Securities Registration Act. If your loved one set up a TOD designation, the account transfers entirely outside the estate — the executor has no authority over it.
If the brokerage account has no TOD beneficiary and no surviving joint owner, it becomes part of the decedent’s probate estate. The executor must include the account in the estate inventory and manage it according to their fiduciary duties.
To gain access, the executor needs to provide the brokerage firm with:
Once the executor has authority over the account, they can manage the investments, liquidate positions if necessary, and ultimately distribute the proceeds to beneficiaries according to the will or intestate succession rules.
Important: The executor should also request a date-of-death valuation from the brokerage firm. This establishes the cost basis of the investments for tax purposes — a critical step we’ll cover below.
Brokerage accounts held as joint tenants with right of survivorship pass automatically to the surviving account holder when the other owner dies. The surviving owner simply provides a death certificate to the brokerage firm to have the deceased owner’s name removed. No probate is required.
Accounts held as tenants in common work differently:
Understanding which type of joint ownership applies to the account is essential before contacting the brokerage firm.
Inherited investments receive a stepped-up cost basis — one of the most significant tax benefits in estate law. This means the beneficiary’s cost basis is reset to the fair market value on the date of death, not the original purchase price.
Here’s why that matters:
Scenario |
Cost Basis |
Tax on Sale at $50,000 |
| Decedent bought stock for $10,000 | Original: $10,000 | $40,000 in capital gains |
| Beneficiary inherits at $50,000 FMV | Stepped-up: $50,000 | $0 in capital gains |
This stepped-up basis can save beneficiaries thousands of dollars in capital gains taxes. It applies to stocks, bonds, mutual funds, ETFs, and other securities held in the account.
Additional tax considerations for executors:
If you’ve inherited (or expect to inherit) a brokerage account, follow these steps:
Transferring brokerage accounts is one of many financial tasks executors and heirs face during estate administration. Our attorneys coordinate the legal, financial, and tax aspects so you can manage the process efficiently and avoid costly mistakes.
Schedule a free Discovery Call to discuss your situation. We’ll then recommend a free Initial Strategy Meeting with one of our attorneys to create a clear plan and discuss pricing.
We proudly serve all of North Carolina, with attorneys based in Cary, Raleigh, and Chapel Hill. Contact us to get the guidance you need.