Probate Q&A Series

What exactly do I need to submit in the inventory and accounting to get court approval? – North Carolina

Short Answer

In North Carolina, you must file a detailed inventory within three months of qualifying that lists all real and personal property that came into your possession, with fair market values as of the date of death. If an appraisal is pending, you may use “undetermined” and later file a supplemental inventory. For accountings, your annual or final account must show the opening balance, all receipts, all disbursements with vouchers, distributions with signed receipts, and the property remaining on hand. The Clerk of Superior Court audits these filings before approval.

Understanding the Problem

In North Carolina probate, what must a personal representative file in the inventory and in the account so the Clerk of Superior Court will approve them? You’ve qualified, and the estate includes a remote home in hoarded condition with unknown contents and possibly an unknown vehicle.

Apply the Law

North Carolina requires a timely, detailed inventory and a clear accounting the Clerk can audit. The inventory lists estate assets with date-of-death values. The account shows how you received, spent, and distributed estate funds, with proof. The filings go to the Clerk of Superior Court in the county of the decedent’s domicile. The inventory is due within three months of qualification; annual accounts are due if the estate remains open beyond a year; the final account closes the estate.

Key Requirements

  • Inventory content and timing: File within three months; list all property that came into your hands, with date-of-death fair market values, sufficient descriptions, and categories (estate property, property that can be added to pay claims, and any wrongful death claims handled separately).
  • Valuation and appraisals: Use fair market value as of death; you may hire a disinterested appraiser and note their name/address; if an appraisal is pending, list the value as “undetermined.”
  • Supplemental inventory: File when you discover additional assets or need to correct descriptions/values; updates can also appear on an account if appropriate.
  • Accounting content: Use the AOC Account form to show the opening balance (from the inventory or prior account), all receipts (income, asset sales, new assets), all disbursements with vouchers, distributions with signed receipts, and the ending balance on hand.
  • Proof and records: Provide vouchers (canceled checks, itemized paid bills, receipts) for each disbursement; if a voucher is lost, submit a verified statement; obtain beneficiary receipts for distributions.
  • Deadlines and types of accounts: File an annual account if the estate stays open beyond one year; file the final account when debts/expenses are paid and distributions are complete.

What the Statutes Say

Analysis

Apply the Rule to the Facts: You must file AOC-E-505 within three months listing the residence (with a clear description) and all assets you control, using date-of-death values. Because the home is hoarded and remote and you don’t yet know the contents or vehicle details, list the residence with a fair description and “undetermined” values where an appraisal is pending, and file a supplemental inventory once you can identify and value the contents and any vehicle. When you account (AOC-E-506), include the opening balance, every receipt (including any later-recovered assets), each disbursement with vouchers, and beneficiary receipts for distributions.

Process & Timing

  1. Who files: Personal Representative. Where: Clerk of Superior Court (Estates Division) in the county where the decedent was domiciled. What: Inventory for Decedent’s Estate (AOC‑E‑505). When: Within three months of qualification. If appraisals are pending, use “undetermined” and plan a supplemental inventory.
  2. Next: After the creditor claim period runs and you’ve paid valid claims, file an Annual Account if the estate remains open beyond one year, or proceed to a Final Account if ready. Use Account (AOC‑E‑506), attach vouchers for all disbursements, and include signed beneficiary Receipts (AOC‑E‑521) for distributions. Many clerks complete audits within several weeks; timing varies by county.
  3. Final step: If you choose, serve a permissive notice of proposed Final Account on heirs/devisees (they have 30 days to object). If the Clerk approves the final account, the estate is closed and you are discharged.

Exceptions & Pitfalls

  • Unknown or hard-to-access assets: It’s acceptable to list values as “undetermined” while you secure the premises, arrange an appraisal, or verify a vehicle with DMV; follow up with a supplemental inventory.
  • Detail matters: Describe vehicles with VIN/title, bank accounts by institution and date-of-death balance (no full account numbers on the form), and group ordinary household items unless specifically bequeathed or unusually valuable.
  • Real property nuances: Solely owned real property is reported but is not part of the accounting unless willed to the estate or sold under a court proceeding to pay claims.
  • Proof for disbursements: No voucher, no approval—keep canceled checks, itemized receipts, or verified statements if something is lost.
  • Co‑executor issues: If a named nephew has not qualified, you may act alone; if co‑executors have qualified, the Clerk typically requires signatures from all acting personal representatives or formal relief (e.g., resignation or successor appointment).
  • Compliance risk: Missed filings can trigger show‑cause orders and possible removal or contempt; request extensions before deadlines if needed.

Conclusion

To obtain approval in North Carolina, file an accurate AOC‑E‑505 inventory within three months listing all assets that came into your hands with date‑of‑death values, using “undetermined” when an appraisal is pending and supplementing later. Then file an AOC‑E‑506 account showing all receipts, disbursements with vouchers, distributions with signed receipts, and the balance on hand. Next step: file the inventory with the Clerk of Superior Court by the three‑month deadline and start collecting vouchers for the accounting.

Talk to a Probate Attorney

If you’re dealing with preparing a North Carolina estate inventory and getting your accounting approved, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

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.