Short Answer

In North Carolina, you do not have to renounce or sign away your inheritance to get information. If no estate is open, you can ask the Clerk of Superior Court to compel the person holding the will to file it and you (or another interested person) can start probate. Once a personal representative is appointed, they must file an inventory of estate assets within about 90 days and provide required accountings that beneficiaries can review.

Understanding the Problem

In North Carolina probate, can a beneficiary get basic information about the will and estate assets before agreeing to renounce an inheritance? Here, a family member is holding the will and sent you a renunciation form without sharing details. You have not seen the will and do not know the assets or who is named executor.

Apply the Law

North Carolina law lets beneficiaries and other interested persons trigger probate when an estate has not been opened. If someone is withholding a will, you can ask the Clerk of Superior Court to order its production. After a will is probated, the Clerk mails notice to known beneficiaries, the will becomes a public record, and—if a personal representative qualifies—an inventory is due within roughly 90 days. Beneficiaries may seek accountings and, if necessary, ask the Clerk to compel them. Disclaimers (renunciations) are voluntary, have legal consequences, and should not be signed without understanding what you are giving up.

Key Requirements

• Compel the will: If a person in North Carolina holds a decedent’s will, you may apply by affidavit asking the Clerk of Superior Court to order that person to produce it for probate.
• Start probate if no one does: If the named executor does not act within 60 days of death, a devisee/beneficiary or other interested person may apply to probate the will (after giving required notice).
• Beneficiary notice: When a will is admitted to probate, the Clerk mails notice to known beneficiaries.
• Inventory and accountings: After qualification, the personal representative must file an inventory of estate assets within about 90 days and periodic accountings; interested persons may move to compel accountings.
• Caveat deadline: Any challenge to a will (caveat) must be filed within three years after the will is probated.
• Disclaimers/renunciations: Disclaimers must meet legal requirements and are typically irrevocable; do not sign without seeing the will and understanding the effect.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2A-4 (Compel production of will) – Affidavit process to require a person holding a will to produce it for probate.
• North Carolina Gen. Stat. § 28A-2A-2 (Who may apply for probate) – Beneficiary or other interested person may apply if the executor does not within 60 days (with 10 days’ notice to the executor).
• North Carolina Gen. Stat. § 28A-21-4 (Compel accounting) – Clerk or interested party may move to compel a full accounting; noncompliance can lead to removal or contempt.
• North Carolina Gen. Stat. § 31-32 (Caveat deadline) – A caveat must be filed within three years after the will is probated.

Analysis

Apply the Rule to the Facts: You do not need to sign a renunciation to get information. Because a year has passed with no probate filing and a family member is holding the will, you can file an affidavit with the Clerk to compel production of the will and, if the named executor still does not act, you as a beneficiary may apply to probate after giving the required notice. Once a personal representative qualifies, the 90‑day inventory and required accountings give you a clear view of estate assets and transactions.

Process & Timing

1. Who files: Any devisee/beneficiary or interested person. Where: Clerk of Superior Court in the North Carolina county of the decedent’s domicile. What: (1) Application by affidavit to compel production of the will; (2) if necessary, Application for Probate and Letters (AOC‑E‑201) to open the estate; or Application for Probate Without Qualification (AOC‑E‑199) if no personal representative is needed. When: If the executor has not applied within 60 days of death, you may apply after giving 10 days’ notice to the named executor.
2. After probate, the Clerk mails notice to known beneficiaries. If a personal representative qualifies, an inventory is due about 90 days after letters issue; beneficiaries may review and, if needed, move the Clerk to compel accountings.
3. Ongoing administration includes notice to creditors, payment of valid claims, and periodic accountings until a final account is approved and the estate closes.

Exceptions & Pitfalls

• Until a personal representative is appointed, there is no inventory; your remedy is to compel the will’s production and start probate.
• Do not sign a disclaimer, assignment, or release without seeing the will and understanding the consequences; such documents can be irrevocable and may limit your rights.
• If the will was deposited for safekeeping with the Clerk, it cannot be copied before probate; however, the Clerk can assist with next steps and, once probated, the will is a public record.
• Service and notice matter: if you apply to probate because the executor did not act within 60 days, you must give the executor at least 10 days’ notice before the hearing.

Talk to a Probate Attorney

If you’re being asked to sign a renunciation without seeing the will or knowing the assets, our firm can help you compel the will, start probate, and protect your rights 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.