What should we do if the other co-administrator filed paperwork in another state without telling us, and could that create legal problems for us? – North Carolina

Short Answer

In North Carolina, a co-administrator generally should not assume that an out-of-state filing is “wrong,” but it can create real practical and legal risks if it affects estate assets, creditor notice, or who has authority to act. The safest next steps are to (1) confirm exactly what was filed and in what court, (2) notify the North Carolina Clerk of Superior Court handling the estate, and (3) take steps to protect estate assets and the administration record (inventory, accounting, and creditor notice). If the other co-administrator is acting without cooperation or transparency, a petition to the Clerk may be needed to require information, limit authority, or seek removal.

Understanding the Problem

In North Carolina probate, the key question is whether a co-administrator can take actions in another state that affect the estate administration without coordination with the other co-administrators. The issue usually comes up when the estate has property outside North Carolina (often real estate), and one co-administrator opens a separate proceeding elsewhere or files documents with an out-of-state court. The decision point is whether that out-of-state filing changes who has authority over assets, creates conflicting duties, or triggers deadlines that could expose the co-administrators to complaints from heirs or creditors.

Apply the Law

North Carolina estate administration is supervised by the Clerk of Superior Court, who has original jurisdiction over estate proceedings. When a decedent owned property in more than one state, it is common to have more than one probate proceeding: a “domiciliary” administration in the decedent’s home state and an “ancillary” administration in another state where property is located. Those parallel proceedings are not automatically improper, but they must be coordinated so that assets are collected, debts are handled in the right order, and the North Carolina file stays accurate (inventory, accountings, and creditor notice). If a co-administrator acts unilaterally, the risk is less about the mere filing and more about whether the filing leads to unauthorized transfers, incomplete disclosures to the Clerk, or missed creditor/administration steps.

Key Requirements

Confirm the authority and the forum: Determine whether the other state filing is an ancillary administration, a request to be appointed there, or a filing related to real property title. The court and case number matter because authority is court-specific.
Keep the North Carolina administration accurate and complete: Co-administrators have fiduciary duties to administer the estate properly, which typically includes safeguarding assets, keeping records, and completing required filings (like inventories and accountings) with the Clerk of Superior Court.
Coordinate out-of-state assets and creditor issues: When property exists in another state, administration often requires coordination so that assets are not moved or sold in a way that conflicts with North Carolina administration, creditor handling, or required reporting.

What the Statutes Say

N.C. Gen. Stat. Chapter 28A (Administration of Decedents’ Estates) – North Carolina’s main probate administration statutes, including court supervision by the Clerk and rules that commonly come into play when there are multi-state assets.
N.C. Gen. Stat. § 8-36 (Authenticated copy of record of administration) – Allows properly certified out-of-state administration records (like letters/inventory) to be used as evidence in North Carolina, which is often relevant when another state proceeding exists.

Analysis

Apply the Rule to the Facts: Here, the estate includes real property in another jurisdiction, plus a vehicle, an estate bank account, and possible unknown medical creditors. An out-of-state filing may be consistent with handling the out-of-state real property (many states require a local/ancillary proceeding to transfer or sell real estate located there). The legal risk increases if the other co-administrator used that filing to move money, sell property, or incur obligations without documenting the action for the North Carolina estate file, or if the lack of communication causes missed steps in North Carolina such as creditor notice, inventory, and accounting.

Process & Timing

Who confirms the filing: A co-administrator or probate attorney. Where: The out-of-state probate court (or clerk) where the paperwork was filed, and the North Carolina Clerk of Superior Court where the estate is open. What: Request copies of the filed documents, any “letters” or appointment orders, and any inventories/accountings filed there; then provide a copy to the North Carolina Clerk so the North Carolina file reflects the multi-state posture.
Stabilize and document North Carolina assets: Ensure the estate bank account is controlled according to the North Carolina appointment and the estate’s internal procedures, and keep clear records of all deposits, payments, and communications. If there is concern about unauthorized transactions, consider asking the Clerk for instructions or relief tailored to protecting the estate.
Address creditor and reporting steps in North Carolina: Continue the North Carolina administration on schedule (inventory and accountings as required by the Clerk). If creditor issues are possible (such as unknown medical bills), make sure the estate’s creditor-notice steps are handled correctly in North Carolina and documented in the file.

Exceptions & Pitfalls

Ancillary administration is often required for out-of-state real estate: Many states require a local proceeding to transfer or sell real property located there. The problem is usually not that an ancillary case exists, but that it is being handled without coordination and without transparent reporting back to the North Carolina administration.
Conflicting authority and mixed-up assets: If a co-administrator uses an out-of-state appointment to access accounts, sign deeds, or direct proceeds without proper North Carolina reporting, beneficiaries or creditors may claim mismanagement. Keeping a clean paper trail and promptly informing the Clerk helps reduce that risk.
Communication breakdown can become a court issue: When a co-administrator stops communicating, the estate can stall. That can lead to missed filings, delayed creditor handling, and disputes. A targeted petition to the Clerk may be needed to require information, address noncooperation, or seek removal if the facts support it. For more on that topic, see removing an executor or personal representative for mishandling an estate.

Conclusion

In North Carolina, an out-of-state probate filing by a co-administrator is not automatically improper, especially when the estate includes real property in another jurisdiction, but it can create legal problems if it leads to unauthorized transfers, incomplete reporting, or missed administration steps. The practical next step is to obtain copies of everything filed in the other state and promptly file or present that information to the North Carolina Clerk of Superior Court so the estate record stays accurate and protective steps can be taken if needed.

Talk to a Probate Attorney

If a co-administrator filed paperwork in another state without notice and the estate includes out-of-state property, an estate account, and possible creditors, coordinated action can prevent delays and reduce risk. Our firm has experienced attorneys who can help clarify authority, communicate with the Clerk, and map out the next steps in both states. Call us today at [CONTACT NUMBER].

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.