How can a personal representative request a one-time extension to file the probate inventory and appraisement in North Carolina?

Detailed Answer

When someone passes away in North Carolina, the personal representative must file an inventory and appraisement of the estate within 90 days of receiving letters (official appointment) under N.C. Gen. Stat. § 28A-13-2. This document lists all assets and their values. If unexpected delays arise, the law allows a one-time extension.

Under N.C. Gen. Stat. § 28A-13-4, a personal representative may ask the clerk of superior court for an additional 30 days. To secure that extension, follow these steps:

1. Act before the 90-day deadline. File the extension motion on or before the last day to file the inventory and appraisement.
2. Prepare a written motion. Explain why you need more time. Common reasons include locating hard-to-value assets or resolving title issues.
3. Propose the new deadline. The court can grant up to 30 extra days.
4. File the motion with the clerk of superior court. Include a proposed order for the judge to sign.
5. Serve notice. Send copies to interested parties, such as heirs or beneficiaries.
6. Obtain the signed order. Once the judge approves, file the order with the court clerk.
7. Complete the inventory and appraisement. Submit it by the extended deadline.

Missing the original deadline without an approved extension can result in penalties. The court may impose a fine or remove the personal representative if the inventory remains unfiled. Acting promptly keeps the administration on track and protects you from liability.

Key Steps to Request a One-Time Extension

• Review the 90-day deadline under N.C. Gen. Stat. § 28A-13-2.
• Draft a clear, concise motion stating your reasons.
• File the motion and proposed order before the deadline.
• Serve all interested parties with notice of your request.
• Secure the judge’s signature on the extension order.
• File your inventory and appraisement within the new deadline.
• Keep proof of filing and service in your estate records.

Following these procedures ensures compliance with North Carolina law and helps you fulfill your duties without unnecessary risk. If you need guidance drafting your motion or navigating court procedures, our attorneys at Pierce Law Group can help.

Contact Pierce Law Group

Probate administration involves strict deadlines and detailed paperwork. If you need assistance requesting a one-time extension or preparing your inventory and appraisement, reach out today. Our team has years of experience guiding personal representatives through every step.

Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.