What can I do if a relative handled the estate but hasn’t shared any inventory, accounting, or paperwork with me? – North Carolina

Short Answer

In North Carolina, the person handling a probate estate (the executor or administrator, also called the “personal representative”) generally must file an inventory and later file accountings with the Clerk of Superior Court, and those filings are typically available through the estate file. If a personal representative is not filing required paperwork or is not being transparent, an “interested person” can ask the Clerk of Superior Court to compel an accounting and, in serious cases, seek removal. If the assets are in a trust (not the probate estate), the trustee has separate reporting duties to beneficiaries, and a different court process may apply.

Understanding the Problem

When a parent dies in North Carolina and a relative takes charge of “the estate,” the key question is whether that relative was formally appointed by the Clerk of Superior Court as the personal representative, and whether the matter is a probate estate, a trust administration, or a mix of both. If a probate estate was opened and is still ongoing, can an heir or beneficiary get the inventory and accounting that should exist in the court file, and what happens if the personal representative refuses to share information or does not file required paperwork? The practical goal is to identify the correct file, confirm who has legal authority, and use the Clerk’s enforcement tools if required filings are missing.

Apply the Law

North Carolina probate estates are supervised by the Clerk of Superior Court in the county where the estate is administered. A personal representative has court-supervised reporting duties, including filing an inventory and filing accountings over the life of the estate. If required filings are not made, the Clerk can order the personal representative to file and can enforce compliance through court remedies, including removal and contempt in appropriate cases. Separately, if assets are held in a trust, the trustee generally owes beneficiaries regular information and reporting, even though trustees typically do not file annual trust accountings with the clerk unless a court orders it.

Key Requirements

Confirm the legal role: Determine whether the relative is the court-appointed personal representative (executor/administrator), a trustee, an agent under a power of attorney, or simply someone who gathered papers without legal authority.
Establish “interested person” status: A person who stands to inherit (or otherwise has a recognized stake in the estate) generally has standing to ask the Clerk to require filings and transparency.
Use the correct forum and remedy: Probate reporting issues are handled through the Clerk of Superior Court in the estate file; trust reporting issues may require a trust proceeding (often also before the Clerk, depending on the issue) to enforce beneficiary rights.

What the Statutes Say

N.C. Gen. Stat. § 35A-1264 (Annual accounts for guardians) – Shows how North Carolina uses sworn inventories and annual accountings in fiduciary matters and gives the Clerk audit authority; probate estates use similar court-supervised accounting concepts.
N.C. Gen. Stat. § 35A-1262 (Procedure to compel inventory or account) – Illustrates the Clerk’s power to order a fiduciary to file required reports and to remove or hold the fiduciary in civil contempt for noncompliance.

Analysis

Apply the Rule to the Facts: Here, a relative reportedly “handled the estate,” removed paperwork from the home, and no inventory, accounting, or distribution has been provided. If that relative is the court-appointed personal representative, the estate file should normally show an inventory and later accountings, and the Clerk of Superior Court can require overdue filings and explanations. If there is also a trust or life insurance, those assets may not appear in the probate inventory (or may appear only in limited ways), so confirming whether a trust exists and who the trustee is becomes part of getting a complete picture.

Process & Timing

Who files: An heir, beneficiary, or other “interested person.” Where: The Clerk of Superior Court (Estates Division) in the county where the estate was opened (or where it should have been opened). What: First, a request to locate the estate file and obtain copies of filed documents; if filings are missing, a motion/petition asking the Clerk to order the personal representative to file an inventory/accounting and produce supporting records. When: As soon as it becomes clear the estate is ongoing and required information is not being provided.
Next step: The Clerk typically issues a written order requiring the personal representative to file the missing inventory/accounting by a set deadline and may schedule a show-cause hearing if the deadline is missed. If the personal representative still does not comply, the Clerk can consider stronger remedies, including removal or civil contempt, depending on the facts and proof.
Final step: If the personal representative is removed, the Clerk can appoint a successor personal representative, and the removed fiduciary can still be required to turn over estate assets and provide an accounting so the estate can be finished and distributions can be evaluated.

Exceptions & Pitfalls

Not everything is “probate property”: Life insurance with a named beneficiary, certain jointly owned accounts, and many trust assets may pass outside probate, so the probate inventory may not answer every question.
No case number does not mean no case: Estates can be located by the decedent’s name and date of death through the Clerk’s office; once the file is found, the filings (or lack of filings) usually clarify the next step.
Informal family handling is risky: If the relative was never appointed by the Clerk, that person may have had no legal authority to access or move assets. In that situation, the remedy may shift from “compel an accounting” to opening an estate, appointing a proper personal representative, and then pursuing recovery of property if needed.
Trust reporting is different: A trustee’s duty is typically to provide beneficiaries with meaningful information (often at least annually and at termination), but trust accountings are not automatically filed in a courthouse the way probate filings are. Enforcing trust reporting may require a targeted trust petition.
Records matter: The Clerk and the court generally expect bank statements, closing statements, receipts, and explanations that tie each transaction to an estate purpose. A lack of “paper trail” can create delays and personal risk for the fiduciary.

Conclusion

In North Carolina, if a relative is acting as the court-appointed personal representative and has not provided an inventory or accounting, an interested person can start by locating the estate file through the Clerk of Superior Court and obtaining copies of what has been filed. If required filings are missing or incomplete, the next step is to ask the Clerk to order a full inventory/accounting and set a compliance deadline, with possible removal or contempt if the fiduciary still refuses. The most practical next step is to request the estate file from the Clerk of Superior Court in the county where the estate was opened.

Talk to a Probate Attorney

If a relative handled a North Carolina estate but has not shared an inventory, accounting, or paperwork, our firm has experienced attorneys who can help identify the correct estate file, evaluate whether probate or a trust is involved, and take the right steps with the Clerk of Superior Court to enforce reporting duties. 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.