Can I file an estate inventory if the other co-administrator won’t sign or respond? – North Carolina

Short Answer

Usually not without addressing the co-administrator issue first. In North Carolina, co-administrators generally must act together in routine estate administration, and the Clerk of Superior Court may reject an inventory or creditor-notice affidavit that is signed by only one co-administrator. The practical fix is often to ask the Clerk for direction (or relief) before a deadline passes, such as an extension of time to file, an order allowing one co-administrator to proceed, or a change in who is serving.

Understanding the Problem

In a North Carolina estate, a personal representative must file required paperwork with the Clerk of Superior Court, including an estate inventory and proof that notice to creditors was handled. The question is whether one co-administrator can file those required documents alone when the other co-administrator will not communicate, will not sign, or will not respond. The single decision point is whether the Clerk will accept a one-signature filing from only one co-administrator, or whether a court-approved workaround is needed to keep the estate on track.

Apply the Law

North Carolina estates are supervised through the Clerk of Superior Court, who has original jurisdiction over most estate administration matters. When more than one person is appointed as co-administrator (or co-executor), the default expectation is that they act together on estate filings and decisions unless the appointment documents or a Clerk’s order provides otherwise. If one co-administrator is nonresponsive, the usual path is to ask the Clerk for instructions or relief rather than trying to “push through” a required filing that may be rejected.

Key Requirements

Proper authority to act: The person signing and filing must have authority as a duly appointed personal representative, and co-personal representatives typically share that authority rather than acting independently.
Complete and accurate reporting: The inventory must list estate assets that are required to be reported, using reasonable values and enough detail for the Clerk and interested persons to understand what the estate owns.
Meet filing and notice deadlines (or get an extension): If a required filing cannot be completed on time because a co-administrator is blocking progress, the safer move is to request an extension or an order from the Clerk before the deadline passes.

What the Statutes Say

N.C. Gen. Stat. Chapter 28A (Administration of Decedents’ Estates) – North Carolina’s main statutory framework for personal representative duties, estate filings, and creditor-claim procedures.
N.C. Gen. Stat. § 28A-2-4 (Jurisdiction of the clerk) – Confirms the Clerk of Superior Court’s original jurisdiction over estate proceedings and many administration disputes.

Analysis

Apply the Rule to the Facts: Here, the estate has co-administrators, but one is not communicating and will not sign. Because routine estate filings are typically treated as joint actions, a one-signature inventory or affidavit of notice to creditors may draw a clerk objection or be rejected for lack of proper execution. The more reliable approach is to document the nonresponse and promptly ask the Clerk of Superior Court for direction—often through a written request or a petition in the estate file—so the estate can meet deadlines or obtain an extension.

Process & Timing

Who files: The acting co-administrator (often through counsel). Where: The Clerk of Superior Court in the county where the estate is open. What: The inventory and the affidavit/proof related to notice to creditors (using the AOC estate forms the Clerk’s office requires). When: File by the Clerk’s deadline; if the co-administrator’s nonresponse makes that impossible, request an extension or an order before the due date.
Request relief from the Clerk: Submit a written request or petition explaining the nonresponse, attaching proof of attempts to obtain cooperation (letters, emails, certified mail receipts), and asking for a practical remedy (for example, extra time to file, permission for one co-administrator to sign/file, or other instructions the Clerk deems appropriate).
Follow the Clerk’s order and cure any deficiencies: If the Clerk allows a one-signature filing, file exactly as directed. If the Clerk requires joint signatures, the next step may be a proceeding to address the noncooperation (which can include changes to who is serving, depending on the circumstances).

Exceptions & Pitfalls

Clerk rejection risk: Filing with only one signature may be rejected, which can waste time and create avoidable compliance issues.
Incomplete inventory risk: A nonresponsive co-administrator often controls records (mail, account statements, access to property). Filing an inventory without those records can lead to omissions that later require amendments and explanations.
Proof problems: If the estate later needs relief (like an extension, an order compelling cooperation, or a change in fiduciary), the outcome often turns on documentation showing good-faith efforts to communicate and obtain signatures/information.

Conclusion

In North Carolina, a one-signature estate inventory is often not the cleanest solution when there are co-administrators, because co-administrators generally must act together unless the Clerk authorizes a different approach. When a co-administrator will not sign or respond, the most practical next step is to promptly request direction from the Clerk of Superior Court—typically by asking for an extension of time or an order addressing the noncooperation—so required filings can be completed without creating avoidable compliance problems.

Talk to a Probate Attorney

If co-administration has stalled an estate inventory or creditor-notice paperwork, our firm has experienced attorneys who can help explain options, prepare a request to the Clerk of Superior Court, and keep the estate on track with required filings. 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.