Short Answer

In North Carolina, you file an estate proceeding with the Clerk of Superior Court asking for an order compelling the personal representatives (executors) to file the required 90‑day inventory and any due annual or final accounts. If they miss these statutory filings, the clerk can order them to file within a set time (often 20 days) and may remove them or hold them in civil contempt if they still do not comply.

Understanding the Problem

In North Carolina probate, can a beneficiary ask the Clerk of Superior Court to require co‑executors to file the 90‑day inventory and accounts when nothing has been filed and one co‑executor is hesitant to act under pressure from a spouse? This focuses on how a beneficiary starts a court process to trigger filings that have gone missing.

Apply the Law

North Carolina law requires a personal representative to file a detailed inventory within three months of qualification and to file annual and final accounts while the estate remains open. If those filings are not made on time, the Clerk of Superior Court (who oversees estate administration) can, upon a petition by an interested party, order the fiduciary to file within a specific period and enforce that order. The clerk can also consider removal or contempt if noncompliance continues. The main forum is the Clerk of Superior Court in the county where the estate is administered. Key triggers are the missed 90‑day inventory deadline and missed accounting deadlines; the clerk often sets a 20‑day compliance period once an order is issued.

Key Requirements

• Standing: You are an “interested party” (e.g., heir, devisee, or beneficiary) with the right to ask the clerk to compel required filings.
• Missed statutory filing: The inventory (due 3 months after qualification) or an annual/final account is overdue, or no adequate extension has been granted.
• Petition and notice: File a verified petition/motion in the estate proceeding and properly serve the co‑executors; the clerk can then set deadlines and a hearing.
• Order to comply: The clerk may issue an order giving a set period (commonly 20 days) to file or show cause.
• Enforcement: Continued failure can result in removal, fee/cost shifting, or civil contempt until the filing is made.

What the Statutes Say

• North Carolina Gen. Stat. § 28A‑20‑1 (Inventory due in 3 months) – sets the 90‑day inventory requirement.
• North Carolina Gen. Stat. § 28A‑20‑2 (Order to file inventory; sanctions) – authorizes the clerk to order filing within a set time and enforce by removal or contempt.
• North Carolina Gen. Stat. § 28A‑21‑1 (Annual accounts) – requires annual accounts while the estate remains open.
• North Carolina Gen. Stat. § 28A‑21‑4 (Order to compel accounting) – permits an order compelling an account within 20 days and enforcement if ignored.

Analysis

Apply the Rule to the Facts: Here, beneficiaries report no inventory, appraisals, or filings, and one co‑executor is reluctant to act due to a spouse’s pressure. Beneficiaries have standing to seek relief. If the 90‑day inventory deadline or an accounting deadline has passed without an approved extension, the clerk can order the co‑executors to file within a set period. Delegating tasks to a spouse does not relieve a co‑executor’s duty, so the order can run to both co‑executors, with potential enforcement if they still do not comply.

Process & Timing

1. Who files: Any interested heir/devisee/beneficiary. Where: Clerk of Superior Court (Estates Division) in the county administering the estate. What: Verified petition/motion to compel inventory/accounting, with an Estates Proceedings Summons (AOC‑E‑102). Reference the overdue filing and request an order to file within 20 days and a show‑cause hearing if needed. When: After the 90‑day inventory date or accounting due date has passed without an approved extension.
2. The clerk typically issues escalating directives: a notice to file, then an order to file within a specific period (often 20 days), and, if ignored, a show‑cause order and hearing. Timelines can vary by county; hearings are usually scheduled within weeks after service.
3. If the clerk grants the petition, expect a written order setting the filing deadline. Continued noncompliance can lead to removal, cost shifting against the fiduciaries, or civil contempt until they file. The required forms for the fiduciaries include Inventory (AOC‑E‑505) and Annual/Final Account (AOC‑E‑506).

Exceptions & Pitfalls

• Extensions: The clerk can grant extra time for inventory or accounts; if an extension is on file, relief may be limited until the new deadline passes.
• Service and notice: Use the estate proceeding summons and ensure proper service; defective service can delay your hearing.
• Co‑executor dynamics: A spouse of a co‑executor has no authority; both co‑executors remain responsible. Name and serve both.
• Clerk’s sequence: Many clerks start with a notice to file before issuing an order and show‑cause; ask for appropriate relief but expect this step‑up process.
• Remedies vary: Removal or contempt is discretionary; focus your petition on missed statutory duties and clear, dated facts.

Talk to a Probate Attorney

If you’re dealing with missing inventories or accountings and need the court to compel filings, 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.