Short Answer

In North Carolina, you close a long-open estate by paying or providing for all valid claims, distributing the remaining property to the correct heirs, and filing a complete final account with the Clerk of Superior Court for audit and approval. If the current administrator will not or cannot finish the job, the clerk can remove the administrator and appoint a successor to complete the final account and obtain discharge. A person convicted of killing the decedent is treated as having predeceased the decedent and does not inherit.

Understanding the Problem

In North Carolina probate, how do you get an intestate estate that has been open for decades to the finish line, when one heir was convicted of killing the decedent?

Apply the Law

Under North Carolina law, a personal representative (administrator) remains in office until the clerk audits and approves a final account and enters an order of discharge. To close, the administrator must gather all probate assets, resolve or provide for claims, apply intestacy rules to distribute the balance, and file a compliant final account with receipts and vouchers. Estates left open more than a year require annual accounts; if those are missing or incomplete, the clerk can compel compliance, remove the administrator, or both. A person who unlawfully and intentionally kills the decedent is barred from receiving property because they are treated as having predeceased the decedent; this generally applies to inheritances and many nonprobate transfers.

Key Requirements

• Pay or provide for claims: Identify filed claims and either pay, settle, reserve for, or formally deny them; untimely claims are generally barred by statute.
• Distribute correctly: Apply intestate succession, excluding any “slayer,” and adjust shares accordingly.
• Complete accounting: File a final account that lists all receipts, disbursements, distributions, assets on hand (if any), and includes vouchers/verified proof.
• Clerk audit and discharge: The Clerk of Superior Court audits the final account; upon approval, the clerk enters an order discharging the administrator.
• If the PR is inactive: Any interested party may ask the clerk to compel an account, remove the administrator, and appoint a successor to finish.
• Nonprobate coordination: Investigate life insurance, retirement plans, and survivorship accounts; redirect benefits affected by the slayer rule; recover limited survivorship/POD funds only if needed to pay estate debts.

What the Statutes Say

• N.C. Gen. Stat. § 28A-21-2 (Final accounts) – sets what a final account must contain and when it is due.
• N.C. Gen. Stat. § 28A-19-3 (Non-claim statute) – bars claims not timely presented after creditor notice.
• N.C. Gen. Stat. § 28A-23-1 (Settlement and discharge) – clerk discharges the personal representative after approving the final account.
• N.C. Gen. Stat. ch. 31A (Acts Barring Property Rights) – includes North Carolina’s slayer rules that bar a killer from taking.

Analysis

Apply the Rule to the Facts: Because the estate has been open for decades, first reconcile filed claims: any not timely presented after proper creditor notice are barred; any timely claims must be paid, settled, reserved for, or shown as denied and time‑barred for suit. Next, exclude the convicted heir under the slayer rule and redistribute that share to the next intestate takers. Then marshal the checking account, vehicles, and any Treasury/unclaimed assets, add any after‑discovered property to the accounting, and file a complete final account with vouchers for the Clerk of Superior Court to audit and approve.

Process & Timing

1. Who files: The current administrator; if inactive, any interested heir/creditor may ask the clerk to compel an account, remove, and appoint a successor. Where: Clerk of Superior Court in the county with venue in North Carolina. What: Final Account (AOC‑E‑506) with receipts (AOC‑E‑521) and supporting vouchers; supplemental inventory or explanations as needed. When: File once claims are resolved or provided for; estates open beyond one year should have annual accounts on file, and the clerk can set short deadlines to cure delinquencies.
2. Address the slayer issue: file the conviction and request the clerk recognize the slayer bar for distribution. If nonprobate payors (insurer/plan) have not redirected benefits, send notice and, if needed, seek an order reflecting the slayer bar.
3. Finish and close: after the clerk audits and approves the final account, the clerk enters an order discharging the administrator and closing the estate.

Exceptions & Pitfalls

• Missing annual accounts: the clerk can order compliance, remove the administrator, and even hold a noncompliant fiduciary in contempt.
• Vouchers and proof: old payments still need receipts, canceled checks, or verified proof; lack of documentation delays approval.
• Slayer scope: the slayer bar generally reaches inheritances and many beneficiary‑type transfers; confirm plan/beneficiary rules and provide the conviction so payors redirect properly.
• Stale creditor issues: late claims are barred, but timely filed claims require a formal resolution; if a claim was rejected, the claimant had a short statutory window to sue.
• Recovering nonprobate funds: survivorship/POD funds can be recoverable only if the estate lacks assets to pay claims and only to the extent needed; you may need an estate proceeding or civil action to recover.
• After‑discovered assets: add them via supplemental inventory or on the final account, and pay any additional court fees on newly reported property.

Talk to a Probate Attorney

If you’re dealing with a long‑open North Carolina estate, unresolved claims, or a slayer‑barred heir, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.