How do I find out what assets the deceased owned outside the primary probate jurisdiction? – North Carolina

Short Answer

In a North Carolina ancillary probate matter, the practical way to identify out-of-jurisdiction assets is to work from the decedent’s records (mail, tax returns, account statements, deeds, and business documents) and then confirm ownership through the public-record and financial systems of the other jurisdiction. When property is located in another state, that state’s rules often control how title is confirmed and transferred, which may require filing an exemplified copy of the will and probate papers and, in some cases, opening an ancillary estate there. In North Carolina, the Clerk of Superior Court handles probate filings, but the search for assets usually starts with documents and targeted record requests.

Understanding the Problem

When a decedent had property or legal interests connected to more than one jurisdiction, the key question is how to identify what the decedent owned outside the “home” probate case so the correct court filings can be made and the correct personal representative can collect and transfer those assets. In North Carolina probate practice, this often comes up when an ancillary administration is being considered or has already been opened, and there is uncertainty about whether the decedent owned real estate, bank or brokerage accounts, business interests, or other property in another state. The decision point is whether there is enough reliable information about out-of-jurisdiction property to justify requesting certified or exemplified probate documents and taking the next procedural step in the place where the property sits.

Apply the Law

North Carolina recognizes that multi-jurisdiction estates may require more than one proceeding: a primary (domiciliary) administration in the decedent’s state of residence and an ancillary (subsidiary) administration in another state where property is located. Under North Carolina’s ancillary administration framework, the domiciliary proceeding is generally treated as the controlling administration, and an ancillary personal representative’s role is typically limited to collecting and addressing property located in the ancillary forum and then delivering what must be delivered to the domiciliary personal representative for overall administration and distribution. In North Carolina, probate matters (including ancillary filings in North Carolina for nonresident decedents who owned North Carolina property) are handled through the Office of the Clerk of Superior Court.

Key Requirements

Identify the asset and its “situs” (location for legal purposes): Real estate is controlled by the state where the land is located, and many institutions treat accounts as controlled by the institution’s rules and the law tied to the account relationship.
Match the asset type to the right record system: Deeds and liens are found in land records; business interests may be reflected in Secretary of State filings and company records; financial accounts require institution confirmation and proper authority documents.
Use the correct probate authority documents for the other jurisdiction: Other states commonly require an exemplified (not just certified) copy of the will and probate proceedings, and may require an ancillary appointment before releasing or transferring property.

What the Statutes Say

N.C. Gen. Stat. § 8-36 (Authenticated copy of record of administration) – Allows properly certified out-of-state probate records (like letters and inventories) to be used as evidence in North Carolina when needed.

Analysis

Apply the Rule to the Facts: Here, a law firm representative is trying to develop the factual foundation for an ancillary probate administration where the decedent had property or interests connected to more than one jurisdiction. The first step is to identify which assets are likely governed by another state’s rules (most commonly real property) and then confirm ownership through that jurisdiction’s public records and the decedent’s own documents. Once the likely out-of-jurisdiction assets are identified, the next step is to determine what authority documents the other jurisdiction and any holding institution will require (often exemplified probate documents and sometimes an ancillary appointment) before anything can be collected or transferred.

Process & Timing

Who gathers information: The personal representative (or counsel/authorized agent working for the personal representative). Where: Start with the decedent’s records and then the public-record offices in the jurisdiction where the asset likely exists (for North Carolina filings, the Office of the Clerk of Superior Court). What: Build an “asset map” using mail, prior-year tax returns, bank/brokerage statements, insurance and retirement paperwork, closing files, and business documents; then request confirmations from institutions and pull public-record searches in the other jurisdiction. When: As early as possible after qualification, because ancillary filings and third-party responses can take time and may affect deadlines in the primary estate administration.
Confirm ownership and title status: For real estate, confirm the last recorded deed, current tax parcel status, and any liens in the county where the land is located. For business interests, confirm entity status and registered agent information through that state’s Secretary of State and then request the governing documents or transfer ledger from the company. For financial accounts, request a “date-of-death” balance letter and beneficiary designation information from the institution (institutions usually require proof of authority and a death certificate).
Decide whether ancillary action is required and assemble the right probate papers: If the asset cannot be transferred based on the primary probate authority alone, the next step is usually to obtain certified or exemplified copies of the will, probate filings, and the personal representative’s authority documents from the primary jurisdiction, then file what the other jurisdiction requires (which may include opening an ancillary estate there). If North Carolina is the ancillary forum for North Carolina real property owned by a nonresident decedent, the typical next step is filing the out-of-state will/probate record in the North Carolina county where the land sits and, if needed, opening an ancillary administration through the Clerk of Superior Court.

Exceptions & Pitfalls

Assuming the primary probate automatically controls out-of-state real estate: Real property usually follows the law of the state where the land is located, and that state may require an exemplified probate record and/or an ancillary appointment before title can be transferred.
Overlooking “paper trail” assets: Small clues in mail, email account notifications, prior tax returns, and closing binders often identify out-of-state accounts, mineral interests, timeshares, or business holdings that do not show up in local searches.
Listing the wrong assets in the wrong inventory: In an ancillary administration, inventories and filings are typically limited to property located in that ancillary forum; mixing jurisdictions can create confusion and extra clerk questions.
Beneficiary-designated and jointly owned property: Some assets pass outside probate (for example, certain joint accounts or beneficiary-designated accounts). They may still need to be identified for overall estate administration, but they may not be collected through ancillary probate.
Institution-specific requirements: Banks and brokerages often have their own documentation checklists and may not accept a document package that is “close enough.” Confirm whether they require certified vs. exemplified copies and whether they require local (ancillary) letters.

For more background on multi-state estate issues, see ancillary probate work and how it often ties to public records used to identify estate property.

Conclusion

In North Carolina matters involving ancillary probate, identifying assets outside the primary probate jurisdiction usually requires a document-driven search first (tax returns, statements, deeds, business records) and then confirmation through the other jurisdiction’s public records and the holding institution’s requirements. Real estate is the most common trigger for out-of-state procedures, and other states often require exemplified probate documents and sometimes an ancillary appointment. The next step is to compile an asset map and request the specific certified or exemplified probate papers needed to pursue the asset in the jurisdiction where it is located.

Talk to a Probate Attorney

If you’re dealing with an estate that may require ancillary probate because the decedent owned property or had interests in more than one jurisdiction, our firm has experienced attorneys who can help clarify what to look for, what records to request, and what filings may be needed. 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.