Jan92026
Probate Q&A Series

Are there ongoing reporting or closing requirements for the estate if the only remaining issue is the wrongful death case? – North Carolina

Short Answer

Yes. In North Carolina, if an estate stays open beyond a year, the personal representative generally must keep filing required probate reports (most commonly an annual account) until a final account is filed and the Clerk discharges the personal representative. A wrongful death claim can be a reason an estate remains open, but wrongful death proceeds are generally handled separately from ordinary estate assets and may require a separate distribution accounting with the Clerk.

Understanding the Problem

In North Carolina probate, can an executor keep an estate open solely because a wrongful death case is still pending, and if so, must the executor continue filing probate reports with the Clerk of Superior Court until the case resolves? The decision point is whether the estate will remain open past the first year of administration while the wrongful death claim is pursued.

Apply the Law

North Carolina estates are supervised through the Clerk of Superior Court (Estates Division). When an estate remains open, the personal representative typically must continue to report estate activity to the Clerk through accountings until the estate is ready to close and a final account is approved. A pending wrongful death claim often affects timing because the personal representative is the party who brings the wrongful death action, but the recovery is generally not treated like ordinary probate property and is usually accounted for separately when distributed.

Key Requirements

  • Keep the estate “in compliance” while it is open: If the estate is not ready to close, the personal representative generally must file the required ongoing accounting(s) on the schedule set by the Clerk and state law.
  • Separate treatment of wrongful death funds: Wrongful death recoveries are generally not “estate assets” for ordinary administration purposes (with limited exceptions), and distribution is typically reported separately to the Clerk.
  • Close only when administration is complete: The personal representative typically closes the estate by filing a final account (or other closing filing allowed for that estate) after debts/expenses are addressed and remaining estate assets are distributed, followed by discharge by the Clerk.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the executor has already qualified and the will has been probated in the local North Carolina jurisdiction, which puts the executor in the position to act for the estate and to serve as the proper party to pursue the wrongful death claim. If the wrongful death case is the only remaining “open item” and the estate will remain open beyond the first year, the executor should expect ongoing probate reporting (most commonly an annual account) until the estate can be closed. Even if the estate has little or no probate money moving through an estate account, the Clerk typically still expects the required filing(s) while the estate remains open.

Process & Timing

  1. Who files: The executor/personal representative. Where: The Estates Division of the Clerk of Superior Court in the county where the estate is opened in North Carolina. What: The required account(s) (often an annual account if the estate stays open) and, when appropriate, a final account to close. When: If the estate remains open beyond one year, an annual account is generally required on the schedule set by the fiscal year selected for the estate under state law and local Clerk practice.
  2. While the wrongful death case is pending: Keep probate filings current, keep estate funds separate from any wrongful death settlement funds, and track wrongful death receipts/distributions so a separate wrongful death distribution accounting can be provided to the Clerk when funds are distributed.
  3. Closing step: After the estate is ready to close (and after any required reporting about wrongful death distributions is completed), file the final account and request discharge so the Clerk can close the estate administration.

Exceptions & Pitfalls

  • Assuming “no probate assets” means “no filings”: Even when the only active matter is a wrongful death case, the estate may still need annual account filings until it is formally closed and the personal representative is discharged.
  • Mixing wrongful death funds with estate funds: Wrongful death proceeds are generally handled separately from ordinary estate assets. Commingling can create accounting problems and disputes among beneficiaries.
  • Future disputes among family members: When disagreements are possible, careful recordkeeping and clear reporting to the Clerk (including a separate wrongful death distribution accounting) can reduce later challenges about what was received and why.

Conclusion

In North Carolina, keeping an estate open while a wrongful death case is pending usually means ongoing probate compliance continues, including filing an annual account if the estate remains open beyond a year, until a final account is filed and the Clerk discharges the executor. Wrongful death proceeds are generally not treated as ordinary estate assets, and the executor should be prepared to report how those proceeds are distributed. The next step is to calendar the annual account deadline under N.C. Gen. Stat. § 28A-21-1 and file the required account with the Clerk while the case is pending.

Talk to a Probate Attorney

If there is an open North Carolina estate and the only remaining issue is a pending wrongful death claim, our firm has experienced attorneys who can help explain what must be filed with the Clerk now, what can wait, and how to keep the estate in compliance while the case moves forward. 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.