Feb32026
Probate Q&A Series

Can the executor be removed or penalized for a late inventory if the estate has no assets? – North Carolina

Short Answer

Yes. In North Carolina, the Clerk of Superior Court can remove a personal representative (executor/administrator) or hold the personal representative in civil contempt for failing to file the required inventory on time—even if the estate ultimately has no assets to list. The usual fix is to promptly request more time (if needed) and file an inventory that accurately shows what exists (including “none” where appropriate) within the deadline set by the court’s order.

Understanding the Problem

In a North Carolina estate administration, a personal representative must file an estate inventory after qualification. The question is whether the Clerk of Superior Court can remove the personal representative or impose consequences when the inventory is late, even though the estate is believed to have no assets. The decision point is whether the personal representative complies with the Clerk’s deadline (or obtains an extension) after receiving an “order to file” or a show-cause notice.

Apply the Law

North Carolina requires a personal representative to file an inventory, and the Clerk of Superior Court oversees compliance. If the inventory is not filed when required, the clerk must issue an order requiring the inventory to be filed within a stated time (not less than 20 days) or requiring the personal representative to appear and show cause why removal should not occur. If the personal representative still does not file (and does not obtain more time), the clerk may remove the personal representative and may use civil contempt procedures to compel compliance. North Carolina law also allows the clerk to assess the costs of the “compel filing” proceeding against the personal representative personally, and those costs can be collected by reducing any commission that would otherwise be paid.

Key Requirements

  • Inventory is required even if assets are minimal or none: The filing is still required; the inventory should accurately reflect what property (if any) came into the personal representative’s hands or control as part of the estate administration.
  • Compliance with the clerk’s order (or an extension): After an order to file, the key is filing by the deadline in the order or obtaining additional time from the clerk before the deadline expires.
  • Consequences focus on noncompliance, not asset value: Removal, civil contempt, and assessed costs are tied to failing to follow the clerk’s inventory requirements and orders, not to whether the estate has money.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The personal representative received an “order to file” because the inventory was not filed on time. Even if the estate truly has no probate assets, the clerk can still enforce the inventory requirement and can escalate to a show-cause hearing if the order is ignored. The practical way to avoid removal or contempt is to (1) ask the clerk for an extension before the deadline in the order if more time is needed and (2) file an inventory that truthfully shows no assets (or lists any small items that do exist) by the new deadline.

Process & Timing

  1. Who files: The personal representative (executor/administrator). Where: The Estates Division of the Clerk of Superior Court in the county where the estate is administered. What: The estate inventory form used by the clerk’s office (commonly the AOC inventory form). When: If an “order to file” has been served, the deadline is the date stated in that order; if more time is needed, the extension request should be filed before that deadline.
  2. If the deadline is missed again: The clerk may schedule a show-cause hearing and require the personal representative to explain the failure to file. The clerk can also consider civil contempt to force the filing.
  3. How it typically ends: Once the inventory is filed (even if it shows no assets), the clerk generally treats the “failure to file inventory” issue as cured, and the estate can move forward toward the next required filings (or closure steps) based on the type of administration.

Exceptions & Pitfalls

  • “No assets” is often a misunderstanding: A decedent may still have items that count for inventory purposes (for example, a final paycheck, a small bank balance, a vehicle, a refund, or personal property). Listing “none” when something exists can create problems later.
  • Ignoring service and hearing notices: If the sheriff serves an order and it is not addressed, the clerk can proceed to removal and/or contempt steps. Asking for more time is usually far safer than waiting.
  • Costs can be assessed personally: Even when there is no money in the estate, the clerk can assess the costs of proceedings to compel the filing against the personal representative personally, and those costs may not be payable from estate funds.

For more on deadlines and what clerks typically do when an inventory is late, see what happens if I return the estate inventory late and asking the court for more time in probate.

Conclusion

In North Carolina, a late inventory can lead to removal or civil contempt because the issue is noncompliance with the Clerk of Superior Court’s filing requirements, not whether the estate has assets. A “no-asset” estate still needs an inventory that accurately reports what exists. The next step is to file a written extension request (if needed) and then file the inventory by the deadline stated in the clerk’s order to file.

Talk to a Probate Attorney

If a North Carolina estate received an order to file an inventory and the estate appears to have no assets, our firm has experienced attorneys who can help clarify what must be reported, prepare an extension request, and reduce the risk of removal or contempt. 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.