Short Answer

Yes. In North Carolina, you can (1) ask the Clerk of Superior Court to order production of the will, (2) compel the executor to file the required inventory and accountings, and (3) seek an examination of anyone reasonably believed to hold estate property (including CDs) and, if appropriate, an order to deliver it. Non-probate assets like many IRAs, payable-on-death accounts, and tenancy-by-the-entirety real estate usually are not listed on the probate inventory unless used to pay claims.

Understanding the Problem

You are asking whether, as a North Carolina beneficiary, you can force the executor to disclose and account for CDs and other estate accounts, where you have not been allowed to see the will. The decision is whether to file with the Clerk of Superior Court to compel production of the will and require proper probate reporting so you can see what is in the estate and how it is handled.

Apply the Law

Under North Carolina law, the Clerk of Superior Court oversees probate. A person with the will can be ordered to produce it. Once an executor is appointed, the executor must identify, safeguard, and list estate assets in a sworn inventory filed within three months after qualification, and must file accountings thereafter. If you reasonably believe someone holds estate property (for example, a CD in the decedent’s name), you may petition the Clerk to examine that person and seek an order requiring disclosure and delivery of estate property. The estates division can apply key civil procedure rules, including subpoenas, to obtain bank records when appropriate.

Key Requirements

• Standing (interested person): Beneficiaries and other interested persons may petition the Clerk to compel actions in the estate, including inventory, accountings, and examinations.
• Will production: File an affidavit asking the Clerk to order the person holding the will to produce it for probate.
• Inventory and accountings: After letters issue, the executor must file an inventory within three months and periodic accountings; the Clerk can order compliance on short deadlines.
• Examination to discover assets: With reasonable grounds, petition to examine anyone believed to possess estate property (e.g., CDs) and seek an order for delivery.
• Scope limits: Non-probate assets (POD accounts, many IRAs, tenancy-by-the-entirety real estate) generally are not listed on the probate inventory unless the estate uses them to pay claims.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2A-4 (Compel production of will) – Clerk may summon the person holding a will to produce it; enforceable by contempt.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory required) – Executor must file a sworn inventory within three months after qualification.
• North Carolina Gen. Stat. § 28A-21-4 (Order to render account) – Clerk, a creditor, or interested person may obtain an order requiring a full account within 20 days.
• North Carolina Gen. Stat. § 28A-15-12 (Recover/examine for estate property) – Allows actions to recover estate property and estate proceedings to examine persons believed to possess estate property.

Analysis

Apply the Rule to the Facts: Because you have not been allowed to see the will, you may file an affidavit asking the Clerk to compel its production so probate can proceed and beneficiaries receive notice. If an executor has qualified, the executor must file a sworn inventory within three months; if CDs and other probate accounts exist, they must be listed—so you can move the Clerk to order the inventory and subsequent accountings. If you reasonably believe the surviving spouse or a bank holds estate CDs or documents, you can petition for an examination and ask the Clerk to order disclosure and delivery of estate property.

Process & Timing

1. Who files: A beneficiary or other interested person. Where: Clerk of Superior Court, Estates Division, in the county where the estate is administered. What: (a) Affidavit to compel production of the will; (b) motion or petition to compel the inventory/accounting; (c) verified petition to examine a person believed to hold estate property under § 28A-15-12, served with an Estate Proceeding Summons (AOC-E-102). When: The inventory is due within three months after the executor’s qualification; compliance orders typically require action within at least 20 days.
2. The Clerk issues summons, sets a hearing, and may allow subpoenas for bank records. If the will is withheld, the Clerk can order production and enforce by contempt. If the inventory/accounting is late, the Clerk can order filing and consider removal for noncompliance.
3. For examinations, the Clerk can order the person to answer under oath and, if estate property is identified (e.g., a CD), to deliver it to the executor. Orders are enforceable by contempt. The estate file will then reflect assets through the required inventory and accountings.

Exceptions & Pitfalls

• Non-probate assets (POD accounts, many IRAs, and tenancy-by-the-entirety real estate) usually do not appear on the probate inventory unless the estate uses them to pay claims.
• Provide concrete “reasonable grounds” for any examination petition; thin speculation risks denial or limited relief.
• Use proper service (Rule 4) for estate proceedings and subpoenas; improper service can delay or defeat enforcement.
• A spouse’s year’s allowance reduces probate personal property available to the estate; that does not excuse the executor from filing inventories and accountings.

Talk to a Probate Attorney

If you’re dealing with a withheld will or missing information about CDs and estate accounts, 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.