Short Answer

In North Carolina, you can’t force a personal representative to account until someone is officially appointed and an estate is opened. If a will exists but no one has qualified, you may ask the Clerk of Superior Court to compel production of the will and, after 60 days from death, apply to probate the will and seek appointment. If the assets are in a trust, you can file a trust proceeding to compel the trustee to provide information or an accounting.

Understanding the Problem

You’re asking whether you can make someone provide a formal accounting when no probate case exists in North Carolina. Here, a sibling says they’re the executor but hasn’t filed the will. The core decision is whether to open an estate so the Clerk can supervise a personal representative, or to proceed against a trustee if assets are held in a trust.

Apply the Law

North Carolina’s Clerk of Superior Court oversees estates only after a personal representative (executor or administrator) qualifies. Without an open estate, there’s no duty to file an inventory or account in the probate file. If a will exists but hasn’t been filed, the Clerk can order the will’s custodian to produce it. After 60 days from death, an interested person may probate the will (with notice to any named executor) and seek appointment. Once letters issue, the personal representative must file an inventory within three months and annual/final accounts; the Clerk or any interested person may seek an order compelling a full account within a short deadline. If assets are owned by a trust, the trustee—not a personal representative—owes duties to qualified beneficiaries, including providing information and, when requested, reports. Beneficiaries may file a trust proceeding before the Clerk to compel information or an accounting.

Key Requirements

• Standing: You must be an “interested person” for estate relief or a qualified beneficiary to seek trustee information.
• Open the right file: For estate accountings, someone must qualify as personal representative; for trust accountings, proceed under the trust code.
• Will production: If someone holds the will, you may apply by affidavit for an order requiring its production.
• 60-day trigger: If no executor applies within 60 days after death, an interested person may apply to probate the will (with 10 days’ notice to any named executor) and seek appointment.
• Deadlines once open: Inventory due within 3 months of qualification; the Clerk may order a formal account due within about 20 days after service of the order.
• Forum: File with the Clerk of Superior Court (Estates Division) in the proper county; trust proceedings use the county of the trust’s principal place of administration.

What the Statutes Say

• North Carolina Gen. Stat. § 28A‑2A‑4 (Compel production of will) – Clerk may summon the will’s custodian to produce it or disclose its whereabouts.
• North Carolina Gen. Stat. § 28A‑2A‑2 (Probate by interested person) – After 60 days, an interested person may probate the will with notice if the named executor hasn’t applied.
• North Carolina Gen. Stat. § 28A‑21‑4 (Order to compel accounting) – Clerk or an interested person may obtain an order requiring a full account within 20 days; noncompliance may lead to removal or contempt.
• North Carolina Gen. Stat. § 36C‑8‑813 (Trustee’s duty to inform and report) – Trustee must keep qualified beneficiaries reasonably informed and provide requested information and reports.

Analysis

Apply the Rule to the Facts: No probate case exists and a sibling claims to be executor without filing the will, so there’s no personal representative for the Clerk to supervise. First, seek an order to produce the will; after 60 days from death, you may probate it with notice and apply for letters so estate accounting duties attach. Because assets appear to be in a trust, you can also file a trust proceeding to compel the trustee to provide information or an accounting to qualified beneficiaries.

Process & Timing

1. Who files: Any interested person (estate) or qualified beneficiary (trust). Where: Clerk of Superior Court, Estates Division, in the proper North Carolina county. What: (a) Application by affidavit to compel production of will; (b) After 60 days, AOC‑E‑201 (Application for Probate and Letters) to open the estate; (c) If needed, a verified petition to compel trustee information/accounting. When: Will production can be sought immediately; probate by interested person is available after 60 days from death with 10 days’ notice to a named executor.
2. Once letters issue, track deadlines: inventory due within 3 months of qualification; if information is withheld, file a motion/petition for an order compelling an account—an order typically requires a full account within about 20 days after service. County procedures can vary.
3. Final step and outcome: Estate track—Clerk orders a formal account and may remove or sanction a noncompliant personal representative. Trust track—Clerk orders the trustee to provide information or an accounting; further remedies may be imposed for noncompliance.

Exceptions & Pitfalls

• If all assets are in a trust, forcing an estate accounting won’t help; you must proceed against the trustee.
• Standing matters: only an interested person (estate) or a qualified beneficiary (trust) may seek these orders.
• Use the correct forum and county: estate matters in the decedent’s county; trust matters where the trust is administered.
• Service and notice rules apply; defective service can delay or defeat your request.
• Procedures and local practices can vary by county; deadlines and forms can change.

Talk to a Probate Attorney

If you’re dealing with a missing will, no open probate, or a trustee who won’t share information, 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.