Dec312025
Probate Q&A Series

Do I have to list a vehicle and real estate on the inventory if they weren’t included on the initial probate application? – North Carolina

Short Answer

In North Carolina, the Inventory for Decedent’s Estate must list estate property that has come into the personal representative’s hands (or to someone holding it for the personal representative), even if it was not listed on the initial probate application’s preliminary inventory. If a vehicle or real estate is probate property, it should be added to the inventory, and if it is discovered after filing, it should be added by filing a corrected or supplemental inventory with the Clerk of Superior Court. Some real estate interests are not listed on the inventory, so the key issue is whether the decedent’s interest is a probate asset that must be reported.

Understanding the Problem

In North Carolina estate administration, can a personal representative file an inventory that leaves out a motor vehicle or real estate because those assets were not included on the initial probate application, and can the inventory be filed as a partial filing now and amended later after additional assets are confirmed?

Apply the Law

North Carolina requires a personal representative (or collector) to file an inventory with the Clerk of Superior Court that is more detailed than the preliminary inventory on the probate application. The inventory’s purpose is to report what property is in the estate (and certain property that can be reached if needed to pay claims), using date-of-death values. If an asset was missed early on, the usual fix is to file an amended, corrected, or supplemental inventory so the court file matches what is actually being administered.

Key Requirements

  • Probate vs. non-probate classification: Vehicles titled in the decedent’s sole name (or payable to the estate) are typically probate assets and should be listed. Real estate is listed if it is the type of real property interest the inventory form requires (for example, solely owned real property or a tenant-in-common interest), but certain interests (such as some survivorship or marital forms of ownership) are handled differently.
  • Enough detail and date-of-death value: The inventory generally needs itemized identifying details and a fair market value as of the date of death. For vehicles, clerks commonly expect identifying information like make/model and VIN and a date-of-death value. For real estate, clerks commonly expect identifying information like the property address and parcel identifiers along with a date-of-death value.
  • Fix omissions with a follow-up filing: If property was not included initially or the description/value later proves wrong, the personal representative should promptly file an updated inventory document with the Clerk so the estate record stays accurate and complete.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the estate has an order requiring an inventory within the standard deadline, and the plan is to file an initial partial inventory and later amend it. Under North Carolina practice, the preliminary inventory on the probate application is often incomplete and estimated, but the later inventory is expected to be more complete and detailed. If the vehicle and the real estate are probate assets that should be reported, they should be included in the inventory when known, and if they are discovered or confirmed after filing, the estate should file an amended or supplemental inventory with the Clerk of Superior Court rather than leaving the court file permanently incomplete.

Process & Timing

  1. Who files: The personal representative (or collector). Where: The Clerk of Superior Court (Estates) in the county where the estate is being administered. What: Commonly, the state court form Inventory for Decedent’s Estate (often filed on AOC-E-505 or a clerk-approved equivalent). When: Typically within 3 months after qualification, unless the Clerk grants a short extension for good cause.
  2. List the vehicle correctly: If the vehicle is a probate asset, list it with identifying details (commonly including VIN/title information) and a date-of-death value. If the value is still being confirmed, the inventory may be filed with the value shown as undetermined and then updated when the value is known, depending on local clerk practice.
  3. List the real estate correctly (if it belongs on the inventory): If the decedent owned the real estate in a way that is reported on the inventory (for example, solely owned or tenant-in-common), list it with the property identifiers and date-of-death value. If the real estate is held in a way that passes outside the estate (for example, certain survivorship ownership), it may not be listed as estate property, though it can still matter for claims and administration decisions.

Exceptions & Pitfalls

  • Real estate ownership type changes the answer: Sole ownership and tenant-in-common interests are commonly reported on the inventory, while certain survivorship or marital forms of ownership may not be listed as estate property. Misclassifying the deed type is a common reason inventories get rejected or questioned.
  • Non-probate transfers are often not listed: Assets that pass directly to a named beneficiary (for example, many life insurance or retirement benefits) are generally not listed as probate assets on the inventory, even if they were mentioned on the application’s “other property” section.
  • Detail problems cause delays: Clerks often expect specific identifying details (especially for vehicles and real estate). Listing “car” or “house” with a lump-sum estimate can trigger follow-up requests and slow the administration.
  • Leaving omissions uncorrected can create risk: If an omitted probate asset is later discovered, failing to update the inventory can create problems with beneficiary questions, clerk compliance issues, and later accountings that do not match the inventory.

Conclusion

In North Carolina, the inventory must report probate assets that have come into the personal representative’s hands, even if they were not listed on the initial probate application. A vehicle titled in the decedent’s name and real estate that the decedent owned solely (or as a tenant in common) generally must be listed with identifying details and date-of-death values. If an asset is discovered after filing, the next step is to file an amended or supplemental inventory with the Clerk of Superior Court within the inventory deadline (typically 3 months after qualification) or request a short extension.

Talk to a Probate Attorney

If an estate inventory needs to be filed and additional assets like a vehicle or real estate were not listed on the initial probate application, our firm has experienced attorneys who can help explain what must be reported, how to classify the asset, and how to correct the court file. 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.