Short Answer

In North Carolina, you can ask the Clerk of Superior Court to order the executor to file the required estate inventory and accounts and, separately, ask the court to require the trustee to give beneficiaries trust information and accountings. An executor must file an inventory within three months of qualifying, and the clerk can issue an order giving at least 20 days to comply, with removal or contempt if ignored. Trustees must keep beneficiaries reasonably informed and can be ordered to provide a full accounting.

Understanding the Problem

You want to know how, under North Carolina probate law, you can force an executor who is also managing a family trust to provide (1) the estate’s inventory and (2) trust account statements. Here, you are one of three equal beneficiaries, the home was sold and proceeds went into a trust account, and the executor has not shared an inventory or statements despite missed deadlines.

Apply the Law

North Carolina law gives the Clerk of Superior Court authority over estate proceedings, including compelling an executor to file the 90-day inventory and required accounts. If those filings are late or incomplete, the clerk can issue orders to file within a short period and may remove the executor or hold them in contempt if they do not comply. Separately, the North Carolina Trust Code requires trustees to inform and report to qualified beneficiaries and, on request, provide reasonably complete and accurate information about trust assets and transactions. Beneficiaries may file a trust proceeding before the Clerk to compel a trustee’s accounting and related relief. The estate proceeding is filed in the county where the estate is pending; trust venue depends on the trust’s principal place of administration or where a beneficiary resides.

Key Requirements

• Standing: You qualify as an “interested person” for estate filings and a “qualified beneficiary” to request trust information and an accounting.
• Estate inventory deadline: The executor must file an inventory within three months of qualification; if missed, the clerk can order filing within at least 20 days.
• Estate accounts: Annual and final accounts are required; the clerk can order a full account within 20 days and enforce by removal or contempt.
• Trustee duty to inform/report: Trustees must keep beneficiaries reasonably informed and, upon request, provide information and periodic accountings; courts can order a trustee to account.
• Forum and venue: Estate relief is sought in the existing estate file before the Clerk of Superior Court; trust relief is a trust proceeding before the Clerk with venue based on administration location or beneficiary residence.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-20-2 (Order to compel estate inventory) – Clerk may order filing within a set time and enforce by removal or contempt.
• North Carolina Gen. Stat. § 28A-21-4 (Order to compel estate account) – Interested persons can seek an order requiring a full account within 20 days.
• North Carolina Gen. Stat. § 36C-8-813 (Trustee duty to inform and report) – Trustee must provide information and accountings to qualified beneficiaries.
• North Carolina Gen. Stat. § 36C-2-203 (Clerk’s jurisdiction over trust proceedings) – Clerk can hear internal trust matters, including ordering an accounting.

Analysis

Apply the Rule to the Facts: As an equal beneficiary, you can ask the Clerk of Superior Court in the estate file to order the executor to file the overdue 90-day inventory and a full account; the clerk can require compliance within 20 days and enforce by removal or contempt. Because the sale proceeds and yard sale funds were placed in a trust account, you, as a qualified beneficiary, can request trust statements and a detailed accounting; if refused, file a trust proceeding to compel a trustee’s accounting. The executor-trustee must keep receipts and records; any missing yard sale proceeds and bank statements can be addressed through the accounting order.

Process & Timing

1. Who files: Any interested beneficiary. Where: Estate relief in the decedent’s existing estate file before the Clerk of Superior Court; trust relief as a separate trust proceeding before the Clerk in the proper venue. What: Petition/motion to compel estate inventory/accounting; petition to compel trustee accounting (with a summons in the trust proceeding). When: Inventory is due within 3 months of qualification; after the clerk’s order, the executor typically has at least 20 days to comply; trustee accountings are due upon reasonable request and as ordered.
2. The clerk may first issue an order to file and then a show-cause order and set a hearing. In trust matters, the clerk will issue a summons and schedule a hearing. Timeframes vary by county, often a few weeks to a couple of months.
3. Final step and outcome: The clerk enters an order compelling the filings. If noncompliance continues, the clerk may remove the executor, hold the fiduciary in civil contempt, and, in trust matters, order further remedies (for example, bond or fee review). Expected documents include the estate Inventory (AOC-E-505), Annual/Final Account (AOC-E-506), and a trustee’s written accounting with supporting statements.

Exceptions & Pitfalls

• Trusts usually do not require filing accountings with the court, but beneficiaries still have a right to information and accountings; a court order can enforce that duty.
• The Clerk of Superior Court can order accountings and removal, but money-damages claims (surcharge) belong in Superior Court; consider filing both and seeking consolidation if broader relief is needed.
• Venue matters for trust proceedings; file where the trust is administered or where a beneficiary resides (or where the estate was administered for a testamentary trust).
• Service and notice must be done correctly in trust proceedings (use the estate-matter summons); faulty service can delay relief.
• Executors must support disbursements with vouchers or verified proof; missing receipts or yard sale records can lead to objections and orders to correct. Executors who force enforcement may be charged costs personally.

Talk to a Probate Attorney

If you’re dealing with an executor who won’t file the inventory or a trustee who won’t share account statements, our firm can help you understand your options and timelines and seek court orders to compel compliance. Call us today to discuss your next steps.

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.