Dec182025
Probate Q&A Series

What can I do if the estate administrator keeps getting extensions and won’t file the inventory, and does that delay impact a year’s allowance hearing? – North Carolina

Short Answer

In North Carolina, a personal representative (including an administrator) must file the estate inventory with the Clerk of Superior Court within three months after qualification unless the clerk grants more time. If the inventory still is not filed, the clerk can require a filing by a set deadline, hold a show-cause hearing, remove the administrator, and in some cases use civil contempt procedures. Inventory delays can complicate a year’s allowance decision, but the year’s allowance process has its own procedure and deadlines, and the clerk can still order an allowance (or require a contested estate proceeding) even if the inventory is late.

Understanding the Problem

In a North Carolina estate, what happens when an heir serving as administrator keeps asking the Clerk of Superior Court for more time and does not file the required inventory, and how does that late inventory affect the timing or handling of a surviving spouse’s year’s allowance request? The decision point is whether the clerk’s tools to force an inventory (or replace the administrator) can be used while the year’s allowance request is pending, and whether the clerk must wait on an inventory before addressing the year’s allowance. This comes up most often when the administrator controls information about accounts or personal property and the spouse needs the clerk to move the allowance forward.

Apply the Law

North Carolina requires a personal representative to file an inventory shortly after qualification and gives the Clerk of Superior Court enforcement power when the inventory is late. Separately, North Carolina’s year’s allowance statute directs the clerk to determine whether a surviving spouse is entitled to a year’s allowance and, if so, to enter an order awarding personal property (and addressing any shortfall). The clerk can also decide that a hearing is necessary and can direct the petitioner into a contested estate proceeding for the year’s allowance. These tracks can run at the same time, but a missing inventory often becomes a practical problem because it limits the clerk’s visibility into what personal property exists and how it is titled.

Key Requirements

  • Inventory deadline: The administrator generally must file the inventory within three months after qualification, unless the clerk allows more time.
  • Clerk enforcement authority: If the inventory is not filed, the clerk can order a deadline to file or require the administrator to appear and show cause, with possible removal and cost consequences.
  • Year’s allowance procedure: The clerk determines entitlement and enters an allowance order, may require a hearing, and may direct the matter into a contested estate proceeding if needed to decide the allowance and what property should be awarded.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the stated facts, an heir is serving as administrator and has delayed filing the inventory, while a surviving spouse has a year’s allowance request pending and there are questions about account changes made under a power of attorney and how to retitle a vehicle. The clerk’s inventory-enforcement tools matter because they can force disclosure and deadlines when an administrator’s delay prevents the estate from moving forward. At the same time, the year’s allowance process is handled by the Clerk of Superior Court and can move forward even if the inventory is late, but an incomplete inventory can make it harder to identify what personal property is available for an allowance order and can lead the clerk to require a hearing or a contested estate proceeding to sort out disputed facts.

Process & Timing

  1. Who files: Any interested person (often the surviving spouse or another heir) may ask the Clerk of Superior Court to enforce inventory filing requirements. Where: Estates Division, Office of the Clerk of Superior Court in the county where the estate is pending. What: A written request or motion asking the clerk to issue the standard “notice/order to file inventory” and, if needed, set a show-cause hearing; the inventory itself is typically filed on the statewide AOC inventory form used for decedents’ estates. When: The inventory is normally due within three months after the administrator qualifies; once the clerk acts, orders to file commonly set a specific deadline (often not less than 20 days after service) and can escalate to a show-cause hearing if the administrator still does not comply.
  2. Next step: If the administrator does not file after the clerk’s notice/order, the clerk can schedule a show-cause hearing. At that hearing, the clerk can set firm deadlines, address “good cause” requests for more time, and consider removal or contempt-type enforcement when appropriate. Local clerk practice varies by county on how quickly these steps occur.
  3. Year’s allowance track: The spouse’s year’s allowance request proceeds before the Clerk of Superior Court. The clerk may decide the allowance on the filings, may set a hearing, or may direct the spouse to start a contested estate proceeding if the clerk decides a hearing and adversarial process are needed to determine entitlement and identify what personal property should be awarded.

Exceptions & Pitfalls

  • “Extensions” can be legitimate, but not unlimited: Clerks can allow more time for an inventory when the administrator shows good cause, but the clerk also has statutory tools to set enforceable deadlines and require an appearance to explain delays.
  • Late inventory can hide non-estate assets: Some assets may pass outside the estate (for example, certain jointly titled property or beneficiary-designated accounts). That can be relevant to expectations about what the inventory should contain and what property is available to satisfy an allowance.
  • Year’s allowance may require a contested proceeding: If there are disputes about what property exists, who controls it, or whether property was changed before death under a power of attorney, the clerk may require the year’s allowance issue to proceed as a contested estate proceeding rather than a straightforward administrative order.
  • Do not miss the allowance deadline while fighting about inventory: Pushing the administrator to file an inventory does not stop the statutory deadline for an additional allowance proceeding under N.C. Gen. Stat. § 30-27.
  • Service and notice issues: Inventory-enforcement orders typically require service and set response times. Delays often happen when the administrator cannot be located or when service is not completed promptly, which can slow clerk enforcement.

Conclusion

In North Carolina, an administrator generally must file the estate inventory within three months after qualification, and the Clerk of Superior Court can issue an order to file, set a show-cause hearing, and remove the administrator when the inventory remains overdue. An overdue inventory can slow practical progress on a year’s allowance because it limits clarity about estate personal property, but it does not automatically stop the clerk from addressing a year’s allowance request. The most important next step is to file a written request with the Clerk of Superior Court asking for an order to file the inventory (or a show-cause setting) while tracking any one-year/six-month deadline for an additional allowance proceeding.

Talk to a Probate Attorney

If a North Carolina estate administrator will not file the inventory and the delay is affecting a year’s allowance request, experienced attorneys can help present the issue to the Clerk of Superior Court, request enforcement steps, and protect statutory deadlines. 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.