How to Request and File a Probate Inventory Deadline Extension in North Carolina

Detailed Answer

When you qualify as a personal representative in North Carolina, you must file a true and complete inventory of the estate’s assets with the clerk of superior court within three months. This requirement appears in N.C.G.S. § 28A-13-2. If you encounter delays—such as pending appraisals, unknown asset locations or difficult title issues—you can ask the court for more time.

Follow these steps to obtain and file an extension:

1. Check your original deadline. Count three months from the date of your qualification. Missing this date could expose you to personal liability for estate debts.
2. Prepare a petition for extension. Draft a concise petition titled “Petition for Extension of Time to File Inventory.” Include:
   • The estate name and file number.
   • Your name and date of qualification.
   • The current inventory deadline.
   • The additional time requested (for example, an extra 30 or 60 days).
   • Specific reasons why you need more time (pending appraisals, incomplete title searches, etc.).
3. Attach a supporting affidavit. Draft an affidavit under oath explaining why you need the extension and what steps you have taken so far. This helps establish good cause.
4. File with the clerk of superior court. Deliver your original petition and affidavit to the clerk’s office and pay any required filing fee. Ask the clerk for a hearing date if local rules demand one.
5. Serve notice on interested parties. North Carolina law expects you to notify all beneficiaries and creditors. Follow Rule 4 of the North Carolina Rules of Civil Procedure for personal delivery or registered mail, and file proof of service with the court.
6. Attend the hearing (if required). Some clerks will grant extensions on the papers alone; others schedule a short hearing. Be prepared to summarize your reasons and show progress toward completing the inventory.
7. Obtain and review the court’s order. If the clerk or judge signs your extension request, note the new deadline. File your inventory by that date to stay in compliance with N.C.G.S. § 28A-13-2.

Key Takeaways

• You have three months after qualification to file an inventory under N.C.G.S. § 28A-13-2.
• To request more time, file a written petition and supporting affidavit with the clerk.
• Serve notice of your petition on all beneficiaries and creditors and file proof of service.
• Comply with local clerk procedures; some offices require a hearing.
• Obtain a signed order granting your extension and file your inventory by the new deadline.

If you face complex delays or need guidance on filing a petition for extension of time to file probate inventory, reach out to Pierce Law Group. Our attorneys handle each probate step with care and clear communication.

Contact us today by email at intake@piercelaw.com or call (919) 341-7055 for a consultation.