Dec132025
Probate Q&A Series

How can I make a co-trustee and co-executor share full accountings and documents if they won’t communicate? – North Carolina

Short Answer

Under North Carolina law, a co-trustee and co-executor must keep beneficiaries reasonably informed and maintain accurate records, and each fiduciary has rights to information needed to do the job. If informal requests and written demands fail, a beneficiary or co-fiduciary can petition the Clerk of Superior Court to compel an accounting, require production of records, or, in serious cases, seek suspension or removal. The exact process depends on whether the asset is still part of the estate, held in a trust, or both.

Understanding the Problem

The narrow question here is whether, under North Carolina probate and trust law, a co-trustee and co-executor who will not communicate can be made to share full accountings and documents. The scenario involves a recent death, two siblings named as co-trustees and co-executors, probate assets like a house, its contents, and a vehicle, and most other assets held in a trust that owns rental homes and farm properties. No probate has been opened yet, and the trust may not name a clear successor trustee. The core concern is how a beneficiary or co-fiduciary can force transparency and obtain financial records and accountings when cooperation has broken down.

Apply the Law

North Carolina law imposes specific fiduciary duties on executors and trustees, including duties to keep proper records, provide information to beneficiaries, and administer the estate or trust jointly when co-fiduciaries are named. The main forum for enforcing these duties is the Clerk of Superior Court in the county where the estate is or will be administered. Key timing triggers include qualification of the personal representative, statutory deadlines for inventories and accountings in estates, and reasonable intervals for reporting in trusts, especially on beneficiary request.

Key Requirements

  • Duty to inform and account as trustee: A North Carolina trustee must keep adequate records, identify trust property, and provide accurate information and periodic reports to qualified beneficiaries, including access to accountings and underlying documents on reasonable request.
  • Joint administration as co-trustees and co-executors: When two individuals are named as co-trustees or co-executors, they are generally expected to act together, share information, and participate in decisions, and one cannot effectively freeze the other out of information needed to perform fiduciary duties.
  • Court power to compel accountings and records: Beneficiaries and co-fiduciaries can ask the Clerk of Superior Court to order a trustee or personal representative to file inventories, accountings, or trust reports, to produce records, and, when necessary, to impose sanctions or alter who serves.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In this scenario, the sibling serving as co-trustee must maintain records for the rental homes and farm properties and, under North Carolina’s trust reporting rules, provide information and allow inspection of trust accountings and records to qualified beneficiaries. As co-executors, both siblings are expected to share information about the house, car, and contents once an estate is opened and an inventory and accounts are required in the estate file. If one co-fiduciary refuses to communicate or provide access to records, a beneficiary or the other co-fiduciary can turn to the Clerk of Superior Court in the county where the estate will be administered to request formal orders compelling accountings and document production.

Process & Timing

  1. Who files: An interested beneficiary or the co-trustee/co-executor who lacks information. Where: Office of the Clerk of Superior Court in the North Carolina county where the estate should be probated or where the trust is administered. What: A petition or motion to open the estate (if not yet opened) and to compel an accounting and production of records for the estate and/or trust. When: As soon as it becomes clear that informal requests are being ignored or refused, and especially before significant sales or distributions occur.
  2. After filing, the Clerk of Superior Court typically issues a notice and sets a hearing or deadlines for the non-communicative fiduciary to respond, file inventories, accountings, or trust reports, and produce supporting documents. Timeframes can vary by county but often run in weeks to a few months.
  3. If the fiduciary complies, the court reviews the accounting and, if appropriate, approves it and may set a schedule for future reports. If the fiduciary does not comply or serious misconduct appears, the court may consider remedies such as additional orders, surcharges, or changes in who serves as fiduciary, documented in written orders in the court file.

Exceptions & Pitfalls

  • Trust documents or wills sometimes limit reporting duties or change who is considered a qualified beneficiary, which can affect who is entitled to full accountings and when.
  • Waiting too long to involve the court can make it harder to reconstruct missing records, especially for cash withdrawals, informal rent collections, or sales of farm equipment or household contents.
  • Failing to distinguish between estate assets and trust assets can cause filings to go to the wrong file or leave parts of the picture unaddressed; it is important to identify which assets are in the probate estate and which are in the trust.
  • Improper notice to other beneficiaries or co-fiduciaries can delay or undermine court action; following the local Clerk’s procedures for service and notice is crucial.

Conclusion

In North Carolina, a co-trustee and co-executor who will not communicate can be compelled to share accountings and documents because trustees must inform and report to qualified beneficiaries and co-fiduciaries, and personal representatives must inventory and account through the estate court file. When cooperative requests fail, the practical remedy is to file a petition with the Clerk of Superior Court in the proper county to open the estate if needed and to ask the court to order formal accountings and production of records by specific dates.

Talk to a Probate Attorney

If a North Carolina co-trustee or co-executor is refusing to communicate or provide accountings, our firm has experienced probate attorneys who can help explain options, prepare petitions, and navigate the Clerk of Superior Court process. 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.