Short Answer

In North Carolina, a former partner may keep only what they legally own—items titled to them, property jointly owned with survivorship, or things the decedent validly gave them before death. Everything else the decedent owned at death belongs under the personal representative’s control. If the former partner is holding estate property, the personal representative (or any interested heir) can ask the Clerk of Superior Court to order examination and turnover. Non‑probate assets (for example, an annuity with a named beneficiary) generally are not part of the estate.

Understanding the Problem

North Carolina probate question: can a former partner claim and keep property when an intestate estate is being administered? The personal representative must secure and inventory estate assets, but some items are missing. One key fact: the heirs suspect the former partner has some of those items.

Apply the Law

Under North Carolina law, the personal representative (PR) must secure, inventory, and preserve estate assets and has authority to take possession of the decedent’s personal property. Property that passes outside probate—like many annuities with designated beneficiaries or jointly owned assets with survivorship—typically is not part of the estate. When a third party holds property that belongs to the estate, the PR or any interested person may file an estate proceeding with the Clerk of Superior Court to examine that person and seek an order requiring delivery. If the dispute requires damages or injunctions, a civil action in Superior Court is available.

Key Requirements

• Identify what is (and is not) estate property: Items solely owned by the decedent at death are probate assets; survivorship property and beneficiary‑designated assets generally are not.
• Former partner’s ownership claim: They must show title, joint ownership, or a valid lifetime gift (intent, delivery, and acceptance).
• PR’s authority and duties: The PR must marshal, safeguard, and inventory assets and may demand turnover of estate property.
• Forum and tools: Use a verified petition before the Clerk to examine and recover property; use a Superior Court civil action if you need damages or injunctions.
• Timing and paperwork: The PR files an inventory within three months of qualification and supplements it as assets are found.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-13-3 (Powers of the personal representative) – PR may take possession of the decedent’s personal property and act prudently to administer the estate.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory) – Inventory is due within three months of qualification; supplemental inventories are required as needed.
• North Carolina Gen. Stat. § 28A-15-12 (Actions to recover property of decedent) – PR or any interested person may examine a holder of estate property before the Clerk and seek turnover; civil actions in Superior Court are also authorized.
• North Carolina Gen. Stat. § 28A-15-10 (Property recoverable to pay claims) – Certain non‑probate assets can be reached to pay estate claims in limited circumstances.

Analysis

Apply the Rule to the Facts: The estate is intestate, so the PR controls the decedent’s personal property for administration. Vehicles titled solely to the decedent and household goods are typically estate assets; an annuity naming a beneficiary is usually not. If the former partner holds items that belonged to the decedent at death and cannot prove joint ownership or a valid gift, the PR (or any heir as an “interested person”) can file to examine the former partner and seek an order to deliver the property.

Process & Timing

1. Who files: The PR or any interested person. Where: Clerk of Superior Court in the county where the estate is administered. What: A verified petition for examination and recovery under G.S. 28A-15-12(b1) (no statewide AOC form). When: As soon as missing items are identified; the PR’s inventory is due within three months of qualification.
2. The Clerk issues an estate proceeding summons and sets a hearing. The respondent can be examined about possession; if the Clerk finds the items belong to the estate and are in the respondent’s possession, the Clerk orders turnover. Orders can be enforced by civil contempt if not obeyed.
3. If the property is gone or damages/injunctions are needed, file a civil action in Superior Court under G.S. 28A-15-12(a1). That court can award damages and grant temporary restraining orders or injunctions to prevent dissipation.

Exceptions & Pitfalls

• Non‑probate assets: Annuities with named beneficiaries and many joint‑with‑right‑of‑survivorship assets usually are not estate property.
• Proof of gift: A former partner must show intent, delivery, and acceptance for a valid lifetime gift; otherwise the item remains an estate asset.
• Possession matters: The Clerk proceeding targets those currently holding estate property; if the item has been transferred or spent, you may need a Superior Court civil action for damages or injunctive relief.
• Service and verification: The petition must be verified and respondents properly served; missing these steps can delay or defeat relief.
• PR inaction: If the PR will not act, any “interested person” (such as an heir) can file the Clerk proceeding to protect the estate.

Talk to a Probate Attorney

If you’re dealing with missing estate property or a dispute with a former partner over ownership, 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.