Probate Q&A Series

How do I find out what the estate administrator has filed so far and whether the inventory is accurate? – North Carolina

Short Answer

In North Carolina, most estate administration filings (including the inventory and later accountings) are filed with the Clerk of Superior Court in the county where the estate is open. An heir can usually review the estate file and request copies to see what the administrator has filed so far. If the inventory or accounting appears incomplete or incorrect, an interested person can ask the Clerk to require a corrected and complete filing and, in serious situations, consider steps that can lead to sanctions or removal.

Understanding the Problem

In a North Carolina intestate estate (no will), a family member may qualify as the administrator and must report estate assets and transactions to the Clerk of Superior Court. The single decision point is whether the estate file shows a complete, accurate inventory and follow-up accountings for what the administrator has received, paid, and still holds. The question focuses on how to see what has been filed so far and what can be done through the Clerk’s estate process when the inventory appears incomplete.

Apply the Law

North Carolina requires a personal representative (including an administrator in an intestate estate) to file an inventory after qualification and to file accountings while estate assets remain under the administrator’s control. These filings are made in the estate file maintained by the Clerk of Superior Court. If required filings are not made on time, or if what is filed is incomplete or incorrect, the Clerk has tools to order a corrected filing within a set time and can escalate enforcement if the administrator does not comply.

Key Requirements

  • Estate filings are made with the Clerk: The inventory and later accounts are filed in the estate file maintained by the Clerk of Superior Court for the county where the estate is open.
  • Inventory is due early: The administrator generally must file an inventory within three months after qualification, listing estate property and values as of the date of death.
  • Accountings must be supported: Annual and final accounts typically must show receipts and disbursements, and the administrator is expected to keep records and provide support for payments made from estate funds.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, an intestate estate is open in North Carolina and a family member is serving as administrator, but another heir believes the inventory/accounting is incomplete. The practical first step is to review the estate file with the Clerk of Superior Court to see whether the inventory (and any annual or final account) has been filed and what assets and values were reported. If the file does not match what is known about the decedent’s property, the next step is to identify the missing categories (for example, bank accounts as of the date of death, vehicles, refunds, or personal property) and raise the issue through the Clerk’s estate process.

Process & Timing

  1. Who requests information: An heir or other interested person. Where: The Clerk of Superior Court (Estates) in the county where the estate is open in North Carolina. What: Ask to review the estate file and request copies of what has been filed so far (commonly the application/qualification paperwork, the inventory, and any annual/final accounts). When: The inventory is generally due within three months after the administrator qualifies; annual/final account deadlines depend on how long administration continues.
  2. Compare filings to real-world records: Check whether the inventory lists the major asset categories and whether values appear tied to date-of-death documentation (for example, account balances on the date of death rather than estimates). For accountings, check whether receipts and payments are described clearly and whether the file reflects support for disbursements as required by the Clerk’s accounting practices.
  3. Ask the Clerk to require a corrected filing if needed: If the inventory or accounting appears incomplete or incorrect, an interested person can file a written request/motion in the estate proceeding asking the Clerk to order the administrator to file a corrected and complete inventory/accounting and to set a deadline. If the Clerk enters an order, it is important to track service and the short appeal timeline that can apply to estate orders.

Exceptions & Pitfalls

  • Not everything “connected to the death” is an estate asset: Some items can be outside the probate estate (for example, certain non-probate transfers). A disagreement sometimes comes from mixing probate assets with non-probate property.
  • Real property and related expenses can be confusing: In North Carolina, issues often arise when money related to real property is handled through the estate when it should be handled by the people who inherit the real property, depending on the situation and whether the estate needs the property to pay claims.
  • Separate non-estate property disputes: The report that personal belongings (not part of the estate) were taken is usually handled outside the estate inventory process. That type of dispute may require a separate civil claim focused on ownership and possession, even if it involves family members.

Conclusion

In North Carolina, the way to see what an administrator has filed so far is to review the estate file maintained by the Clerk of Superior Court in the county where the estate is open and obtain copies of the inventory and any accountings. The inventory is generally due within three months after qualification, and later accounts should track what came in and what was paid out with supporting records. If the filings appear incomplete or incorrect, the next step is to file a request with the Clerk asking for an order requiring a corrected and complete inventory/accounting.

Talk to a Probate Attorney

If an estate inventory or accounting looks incomplete, or if there is concern that property was left out, a probate attorney can help review the estate file, identify what should be documented, and present the issue to the Clerk of Superior Court in the proper way. Call us today at [CONTACT NUMBER].

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.