Do I need to include a bank account on the initial inventory if I can’t access it yet? – North Carolina

Short Answer

Yes. In North Carolina, you must list all assets the decedent owned at death on the 90‑day inventory, even if you cannot access the account yet. If you do not have the exact date‑of‑death balance, list the account with as much detail as you have and note the value as undetermined, or ask the Clerk of Superior Court for a short extension before the due date. Once you obtain access and the exact figures, update the court with a supplemental inventory or in your next account.

Understanding the Problem

In North Carolina probate, the personal representative must file an initial (90‑day) inventory with the Clerk of Superior Court. The question is whether you must list a bank account that belongs to the estate when the bank will not let you in yet. Here, the only asset is a bank account, and the bank is blocking access because it will not accept the remote notarization used on your paperwork.

Apply the Law

North Carolina requires a timely inventory listing all estate assets owned at death, with date‑of‑death values. The inventory is filed with the Clerk of Superior Court in the county of qualification within three months of appointment. If you cannot obtain exact information (for example, a date‑of‑death bank balance) despite reasonable efforts, you may request a short extension before the deadline or file the inventory showing the asset with the value marked as undetermined and later correct it. After you learn new information or discover an error, you file a supplemental inventory. Changes can also be reflected in your annual or final account.

Key Requirements

• List the asset: Include the bank account on the 90‑day inventory, even if access is delayed.
• Use date‑of‑death value: Report the balance as of the date of death; if you cannot obtain it in time, note the value as undetermined and update later.
• Meet the deadline or seek extension: File within three months of qualification or request a short extension from the Clerk before the due date.
• Supplement when facts change: File a supplemental inventory to add or correct asset details and values once available.
• Support with records: When available, attach or be ready to provide bank statements showing the date‑of‑death balance; keep documentation for accounting.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-20-1 (Inventory due) – Inventory must be filed within three months and list estate property with date‑of‑death values.
• North Carolina Gen. Stat. § 28A-20-2 (Extensions and enforcement) – Clerk may allow additional time; outlines enforcement if filings are late.
• North Carolina Gen. Stat. § 28A-20-3 (Supplemental inventory) – Use to report newly discovered assets or correct descriptions/values.
• North Carolina Gen. Stat. § 28A-20-4 (Appraisals) – Allows use of appraisers; value may be listed as undetermined while appraisal is pending.

Analysis

Apply the Rule to the Facts: Because the only asset is a bank account, it must appear on the 90‑day inventory even though the bank will not accept the remote notarization yet. If you cannot get the date‑of‑death balance in time, file the inventory listing the institution and account information and mark the value as undetermined, or request a short extension before the deadline. After you cure the bank’s notarization issue and get access, file a supplemental inventory with the exact date‑of‑death balance and keep statements for your account filing.

Process & Timing

1. Who files: Personal representative or collector. Where: Clerk of Superior Court in the county where you qualified. What: Inventory for Decedent’s Estate (AOC‑E‑505). When: Within three months of qualification; request an extension from the Clerk before the deadline if needed.
2. After access: Obtain the date‑of‑death statement from the bank. File a supplemental inventory identifying the original file number and updating the account’s exact value. Many counties accept a signed letter or pleading styled as “Supplemental Inventory” referencing the original inventory.
3. Accounting stage: Report receipts and disbursements on the Account (AOC‑E‑506). If the estate remains open beyond one year, file an annual account; otherwise, file a final account when ready to close.

Exceptions & Pitfalls

• Omitting the asset: Do not skip the account just because you lack access; list it and update later.
• Missing the deadline: If you cannot file a complete inventory, seek an extension before the due date to avoid compliance orders.
• Wrong classification: If the account is jointly owned with right of survivorship, it may not be estate property but may still need to be referenced appropriately based on forms used—ask before you file.
• Unsupported values: Keep the bank’s date‑of‑death statement and later statements; the Clerk may ask for them during review or accounting.

Talk to a Probate Attorney

If you’re dealing with an inaccessible bank account and an upcoming inventory deadline, 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.