Jan182026
Probate Q&A Series

If the estate has no assets other than a potential wrongful death claim, do I still have to file an inventory and other probate forms? – North Carolina

Short Answer

Usually, yes. In North Carolina, once a Clerk of Superior Court appoints an administrator and issues letters, the estate file typically stays on the clerk’s reporting track (including an inventory and later accountings), even if the only “asset” is a potential wrongful death claim.

The key nuance is that wrongful death proceeds are handled under a separate statutory scheme and generally should not be treated like ordinary probate assets, so the inventory and later filings often need to be completed carefully (and sometimes with clerk guidance) to avoid misreporting or commingling.

Understanding the Problem

In North Carolina probate, the question is whether an administrator who has already been appointed by the Clerk of Superior Court must still complete the estate’s standard filings when the estate was opened mainly to pursue a wrongful death claim and there appear to be little or no probate assets. The decision point is whether the clerk’s office still expects an inventory and follow-up filings in the estate file even though the claim is the only meaningful item being pursued.

Apply the Law

North Carolina treats a wrongful death claim as something the personal representative brings in that role, but the proceeds follow special rules and are generally not handled like ordinary probate assets. Even so, once an estate is opened and a personal representative is qualified, the clerk commonly requires the standard administration paperwork to keep the file current, including an inventory and, later, an accounting or closing filing. In addition, North Carolina law creates a specific exception to creditor-notice requirements when the only asset is a wrongful death claim.

Key Requirements

  • Stay compliant with the clerk’s estate reporting schedule: After qualification, the administrator is typically expected to file the inventory and later filings the clerk’s office lists in the appointment packet, even if the inventory is “$0” or reflects no probate assets.
  • Do not treat wrongful death proceeds like ordinary probate funds: Wrongful death proceeds have statutory directions for payment and distribution, and they should be handled separately from regular estate assets to avoid commingling problems.
  • Follow the wrongful death distribution and approval rules: The personal representative can settle a wrongful death claim, but settlement approval may be required depending on who will receive funds and whether all recipients are competent adults who consent.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the administrator has already been appointed and received the clerk’s packet listing forms still due, including an inventory. Even if the estate has little or no probate property, the clerk generally still expects an inventory filing to document that fact and keep the estate file in compliance. At the same time, the wrongful death claim and any recovery follow N.C. Gen. Stat. § 28A-18-2, so the administrator should be careful not to list or handle wrongful death proceeds as ordinary probate assets in a way that suggests they are available for general estate debts.

For example, if there truly are no probate assets (no bank account in the decedent’s name alone, no refund checks payable to the estate, no personal property needing probate transfer), the inventory may still be filed showing no probate assets. If later a wrongful death settlement is reached, the administrator typically handles those proceeds under the wrongful death statute’s payment and distribution rules rather than treating them as a normal “estate account” balance.

Process & Timing

  1. Who files: the administrator/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 inventory and any other reporting forms listed in the clerk’s qualification packet (often including an accounting later). When: by the deadlines stated in the clerk’s packet and any follow-up notices from the clerk.
  2. Wrongful death administration steps: the personal representative pursues the claim, keeps wrongful death funds separate from ordinary estate assets, and tracks expenses and fees that may be reimbursed/paid from the recovery under the statute.
  3. Settlement/distribution step: if the claim resolves, the personal representative follows the statutory order for expenses/fees and then distributes the balance as directed by the wrongful death statute; settlement approval may be required depending on the recipients and consents.

Exceptions & Pitfalls

  • Creditor notice is often not required in “wrongful death only” estates: North Carolina provides an exception when the only asset is a wrongful death claim, but that does not automatically eliminate other clerk-required filings in the estate file. See N.C. Gen. Stat. § 28A-14-1.
  • Commingling funds: A common mistake is depositing wrongful death proceeds into a regular estate account and treating them like probate money. Wrongful death proceeds have special distribution rules and should be handled separately and reported carefully.
  • Misstating the “asset” on the inventory: Listing a speculative lawsuit as a standard probate asset at a dollar value can create confusion. Many clerks expect the inventory to reflect probate assets, while wrongful death proceeds are handled under the wrongful death statute once recovered.
  • Settlement approval issues: Even if the personal representative has authority to settle, court approval may be required unless all recipients are competent adults who consent in writing, and different approval rules can apply in certain contexts. See N.C. Gen. Stat. § 28A-13-3.

For more detail on how inventories are commonly completed in North Carolina probate, see how to fill out the probate inventory form.

Conclusion

In North Carolina, once an administrator is appointed and letters are issued, the clerk usually still requires an inventory and other routine probate filings even if the estate was opened mainly to pursue a wrongful death claim and there are no probate assets. Wrongful death proceeds follow special statutory rules and generally should not be treated like ordinary probate property. The most important next step is to file the inventory with the Clerk of Superior Court by the deadline stated in the clerk’s appointment packet (or request an extension if needed).

Talk to a Probate Attorney

If an estate was opened mainly for a wrongful death claim and the clerk is still requesting an inventory or other filings, our firm has experienced attorneys who can help explain what must be filed, what can be listed as “no probate assets,” and how to handle wrongful death proceeds correctly. 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.