Feb92026
Probate Q&A Series

What happens if the personal representative doesn’t file an inventory or accounting and the estate just sits open? – North Carolina

Short Answer

In North Carolina, a personal representative who does not file the required inventory or accountings can be ordered by the Clerk of Superior Court to file them by a set deadline. If the personal representative still does not comply after being served, the clerk can remove the personal representative and/or use civil contempt to force compliance. When an estate “just sits open,” it often creates delays, increases costs, and can prevent heirs from receiving information or distributions until the required filings are made and the estate is properly closed.

Understanding the Problem

In a North Carolina probate estate, can a personal representative keep the estate open without filing an inventory or accounting, and what can the Clerk of Superior Court do when required filings are missing? The issue usually comes up when an estate was opened by one group of family members, other heirs are not being kept informed, and months pass with little visible progress. The decision point is whether the personal representative is in default on required probate filings (inventory and later accountings), which triggers the clerk’s power to compel filing and impose consequences.

Apply the Law

North Carolina probate is supervised by the Clerk of Superior Court in the county where the estate is administered. After a personal representative qualifies, North Carolina law requires an inventory to be filed within a set time, and the personal representative must also file accountings as the administration continues and when it ends. If the personal representative does not file what is required, the clerk can issue orders to compel compliance and can remove the personal representative or use civil contempt if the person still refuses to file.

Key Requirements

  • Inventory must be filed on time: The personal representative must file an inventory with the clerk within three months after qualification (unless the clerk allows more time).
  • Accountings must be filed as required: The personal representative must file required accountings (often annual and final) showing what came into the estate, what was paid out, and what remains.
  • Clerk oversight and enforcement: If filings are not made, the Clerk of Superior Court can issue an order to file by a deadline (not less than 20 days in the order) and can remove the personal representative and/or use civil contempt if the default continues after service.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe an estate opened by some adult children, with other adult children (including a spouse) not listed and receiving no information, and with little progress and no inventory/accounting shared. Under North Carolina practice, the missing inventory and lack of accountings are red flags because those filings are the basic court-supervised records that show what assets exist and what the personal representative has done. If the personal representative is in default, the clerk can require the filings by a set deadline and can remove the personal representative and/or use civil contempt if the person still does not comply after being served.

Separate from late paperwork, the concern about false statements to the court matters because the clerk’s supervision depends on accurate filings. When a filing is incomplete or misleading, the usual remedy is to push the matter back into the clerk’s courtroom through a motion or request that forces the personal representative to explain the status of the estate and correct the record.

For related guidance on steps families often take when information is not being shared, see hasn’t shared any inventory, accounting, or paperwork and remove the executor or personal representative.

Process & Timing

  1. Who files: Typically an interested person (for example, an heir or spouse) asks the Clerk of Superior Court to compel the personal representative to file the missing inventory/accounting. Where: The Estates Division of the Clerk of Superior Court in the county where the estate is open. What: A request/motion to compel an inventory and/or accounting and to set a compliance deadline; the clerk commonly uses AOC forms in a sequence that includes a notice to file, an order to file, and then an order to appear and show cause. When: The inventory is generally due within three months after qualification; if that deadline has passed, action can be requested promptly.
  2. Clerk issues an order and sets a deadline: If the clerk finds the personal representative is in default, the clerk can issue an order requiring filing within a specified time (the statute contemplates at least 20 days in the order). Service is important; the enforcement tools generally depend on the personal representative being properly served.
  3. Show-cause hearing and consequences: If the personal representative still does not file, the clerk can hold a show-cause hearing and may remove the personal representative and/or use civil contempt to force the filing. If the personal representative is removed, a successor personal representative can be appointed so the estate can move forward and be closed.

Exceptions & Pitfalls

  • “No progress” can still hide activity: Sometimes an estate looks stalled because the personal representative is waiting on appraisals, sale proceeds, claim deadlines, or tax-related information. Even then, an inventory and periodic accountings are still the normal way to document what is happening.
  • Not being listed as an heir/spouse is a major issue: If a spouse or child is omitted from filings, that can affect notices, distributions, and court oversight. It is important to address the omission directly with the clerk and request that the record be corrected.
  • Service and proof problems: Motions to compel and show-cause orders must be properly served. If service is not done correctly, enforcement (including contempt) can be delayed.
  • Costs can be assessed against the personal representative: North Carolina law allows the clerk to tax costs related to proceedings to compel required filings against the personal representative personally in appropriate situations, which can change how quickly a noncompliant personal representative responds.
  • Removal does not erase the duty to account: Even if removed, a personal representative can still be required to account and turn over estate assets and records to a successor so the estate can be finished.

Conclusion

In North Carolina, if a personal representative does not file the required inventory and accountings and the estate sits open, the Clerk of Superior Court can order the filings by a set deadline and can remove the personal representative and/or use civil contempt if the person still does not comply after service. The key threshold is the missed filing requirement—especially the inventory due within three months after qualification. The most important next step is to file a request with the Clerk of Superior Court (in the county where the estate is open) to compel the inventory/accounting and set a compliance deadline.

Talk to a Probate Attorney

If you’re dealing with an estate that has stayed open with no inventory or accounting and family members are not getting information, our firm has experienced attorneys who can help explain options and timelines in North Carolina probate. 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.