Short Answer

In North Carolina, you can ask the Clerk of Superior Court to order the personal representative (estate administrator) to provide a full, itemized accounting of the estate’s receipts and disbursements. If the Clerk orders an accounting, the administrator typically has 20 days to comply, and failure can lead to contempt or removal. You can also request subpoenas to banks or property managers and ask that mediation be continued or conditioned on a pre‑mediation exchange of records.

Understanding the Problem

You’re in North Carolina, you own a minority interest in rentals tied to an estate, and you’re heading into mediation on a potential buyout—but the estate administrator who has been collecting rent and paying taxes won’t share full income and expense records. You want to know whether you can make the administrator disclose those numbers before mediation so you can negotiate with real data.

Apply the Law

Under North Carolina law, a personal representative must inventory estate assets and file accounts that show all receipts and disbursements, with supporting proof. If they refuse to provide information, an heir, devisee, creditor, or other interested party can petition the Clerk of Superior Court (Estates Division) to compel a full account. In an estate proceeding, the Clerk may allow civil discovery and subpoenas to third parties, and can order mediation procedures, including targeted pre‑mediation information exchange.

Key Requirements

• Standing: You must be an “interested” person (for example, an heir, devisee, creditor, or co‑owner with a financial stake) to ask the Clerk to compel an account.
• Accounting content: Accounts must itemize rents received and expenses paid, by date, payor/payee, description, and amount, with vouchers (e.g., bank statements, receipts).
• Clerk’s order and deadline: After service of an order to account, the administrator generally has 20 days to render a full, satisfactory account or obtain more time.
• Discovery tools: In an estate proceeding, the Clerk can allow subpoenas to banks, property managers, and tenants for rent rolls, ledgers, and statements.
• Mediation management: The Clerk can order or structure mediation and may continue it or require pre‑mediation document exchange for an efficient negotiation.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-21-4 (Order to render account) – Clerk may order a full account within 20 days; noncompliance can lead to removal or contempt.
• North Carolina Gen. Stat. § 28A-2-6 (Estate proceedings) – Estate proceedings before the Clerk; selected Rules of Civil Procedure apply; discovery may be directed.
• North Carolina Gen. Stat. § 1A-1, Rule 45 (Subpoenas) – Authorizes subpoenas for records from non‑parties like banks and property managers.
• North Carolina Gen. Stat. § 7A-38.3B (Mediation before the Clerk) – Clerk may order mediation and manage related procedures.

Analysis

Apply the Rule to the Facts: Because you hold a minority interest in rentals tied to the estate and the administrator has collected rent and paid taxes without sharing statements, you qualify to ask the Clerk for an order compelling a full, voucher‑supported account. If the administrator does not comply within 20 days after service of the order, the Clerk can enforce compliance, including contempt or removal. You can also ask the Clerk to authorize subpoenas to the property manager and bank for rent rolls, deposits, and tax payments, and to adjust mediation so financials arrive before the session.

Process & Timing

1. Who files: An interested party (e.g., heir, devisee, creditor, or co‑owner). Where: Clerk of Superior Court, Estates Division, in the county where the estate is open. What: Verified petition/motion to compel accounting and Estate Proceeding Summons (AOC‑E‑102). When: File as soon as records are withheld; the Clerk’s order to account typically requires compliance within 20 days of service.
2. Ask the Clerk to authorize limited discovery and subpoenas (Rule 45) to banks, property managers, and tenants; request a mediation order that requires pre‑mediation exchange or a brief continuance until records are produced. Many counties can schedule a hearing on a motion to compel within a few weeks.
3. After the account is filed, review line‑item rents and expenses with vouchers. If gaps remain, seek a supplemental account, surcharge, or other relief; otherwise proceed to mediation with verified numbers.

Exceptions & Pitfalls

• If rentals sit in a partnership or LLC, the estate’s account shows the estate’s receipts and disbursements; use subpoenas to the entity’s property manager or bank to see rent ledgers and invoices.
• Real‑property rents not under the administrator’s control may not appear in the estate account; confirm whether the administrator formally took control of the property for administration purposes.
• Serve your petition properly; defective service delays orders and mediation. Be specific about the documents you need (bank statements, rent rolls, tax bills, insurance, repair invoices).
• If a final or annual account was noticed to you and you did not timely object, your ability to challenge disclosed items may be limited; act promptly.

Talk to a Partition Action Attorney

If you’re heading into a buyout or partition dispute and can’t get rental income and expense records from an estate administrator, 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.