Short Answer

In North Carolina, you still must file the 90‑day inventory even if there are no probate assets. Use AOC‑E‑505 and list zero for all probate property; do not include wrongful death proceeds because they are not probate assets. If the Clerk issued a show cause order, filing a compliant zero‑dollar inventory on time typically cures the issue; supplement later if assets are found.

Understanding the Problem

In North Carolina, can an administrator file a zero‑dollar inventory to satisfy the 90‑day requirement and a show cause order when the estate was opened only to pursue a wrongful death claim and has no probate assets? Here, the administrator needs to file the inventory, confirm any small probate assets, and correct the heir listing with the Clerk of Superior Court.

Apply the Law

North Carolina requires an inventory within three months of qualification, listing only assets that are part of the probate estate or that have actually come into the administrator’s hands. Wrongful death proceeds do not belong to the estate for inventory purposes and are distributed by statute to the beneficiaries of the claim. If no probate assets exist, a “zero‑dollar” inventory is proper. If the Clerk has issued an order to show cause for failure to file, timely filing the inventory usually resolves it. The main forum is the Clerk of Superior Court (Estates Division) in the county where the estate is pending.

Key Requirements

• File the 90‑day inventory: Submit AOC‑E‑505 within three months of qualification, listing only probate assets; if none, total can be $0.00.
• Exclude wrongful death proceeds: Do not list or value a wrongful death claim on the inventory; note the claim’s existence elsewhere in the file if needed.
• Respond to show cause: If you received an order, file the inventory within the time stated to avoid removal or contempt.
• Confirm and correct heirs: Verify heirship (including adoptions) and amend the application or file a petition so the record reflects the correct heirs.
• Handle disputed or missing funds: List only the date‑of‑death balance of any probate account; use an estate proceeding to investigate and recover any pre‑death withdrawals if appropriate, and supplement later if funds are recovered.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-20-1 (Inventory due in 3 months) – sets the 90‑day inventory requirement.
• North Carolina Gen. Stat. § 28A-20-2 (Failure to file; show cause) – authorizes orders to file and potential removal or contempt.
• North Carolina Gen. Stat. § 28A-18-2 (Wrongful death) – governs wrongful death claims and distribution outside the probate estate.
• North Carolina Gen. Stat. § 28A-15-12 (Recovery of estate property) – allows proceedings to examine persons and recover property for the estate.

Analysis

Apply the Rule to the Facts: Because the estate was opened to pursue a wrongful death claim and has no probate assets, the administrator should file AOC‑E‑505 listing no probate property and a total of $0.00. The small account should be listed only to the extent of the decedent’s date‑of‑death balance in the decedent’s sole name; pre‑death caregiver withdrawals are not inventory items but can be investigated and, if recovered, reported by supplemental filing. The Clerk’s show cause can be cured by timely filing the zero‑dollar inventory. Finally, amend the application to add the decedent’s child as an heir and present certified adoption orders to exclude the two adopted‑out former children.

Process & Timing

1. Who files: The Administrator. Where: Clerk of Superior Court, Estates Division, in the county where the estate is pending. What: AOC‑E‑505 (Inventory for Decedent’s Estate); if heirs need correction, file an amended AOC‑E‑202 (if intestate) or a short verified petition to update the heir list; add a brief note to the file that a wrongful death action is pending. When: Within three months of qualification; if a show cause/order to file has issued, comply within the order’s deadline (not less than 20 days).
2. Obtain bank statements to confirm the date‑of‑death balance of any sole‑name account. If funds were siphoned pre‑death, consider an estate proceeding under § 28A‑15‑12 to examine the caregiver; county scheduling varies, but expect several weeks for a hearing date.
3. After filing, the Clerk reviews and, if satisfactory, accepts the zero‑dollar inventory and typically closes the show cause. If assets later appear or are recovered, file a supplemental inventory and address them on the next account.

Exceptions & Pitfalls

• Do not list wrongful death proceeds on the inventory; they are distributed by statute and are not probate assets.
• List only the decedent’s date‑of‑death balance for any sole‑name account; investigate pre‑death withdrawals separately and supplement if money is recovered.
• If heirs change (for example, due to adoption), promptly amend the application or file a verified petition so the Clerk’s file reflects accurate heirship.
• Respond to any Notice to File or Show Cause; failure can lead to removal or contempt.
• Fees and local practices vary; some counties assess minimum costs even when the inventory total is zero. Ask the Estates Division clerk about any required costs.

Talk to a Probate Attorney

If you’re dealing with a zero‑asset estate and a show cause order while pursuing a wrongful death claim, our firm has experienced attorneys who can help you understand your options and timelines. 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.