Short Answer

In North Carolina, vehicles your husband owned in his name are estate assets and should be listed on the 90-day inventory with a date-of-death value and identifying details. Unpaid medical bills are not listed on the inventory because they are debts, not assets; they are handled through the claims and accounting process after you publish and mail notice to creditors.

Understanding the Problem

In North Carolina probate, an executor must file a 90-day inventory that lists what the decedent owned, not what the decedent owed. You already have letters testamentary and a deadline approaching. The question is narrow: must you include vehicles he owned and his unpaid medical bills in that inventory?

Apply the Law

North Carolina requires an executor to file an inventory within three months of qualification that accurately lists the decedent’s real and personal property that came into the executor’s hands. Vehicles titled to the decedent are personal property and belong on the inventory at fair market value as of the date of death, with sufficient description. Debts (like medical bills) are not inventory items; they are addressed through the creditor-claims process and later reported on annual/final accounts. Some non-probate assets (for example, certain jointly owned securities with survivorship) may be listed in a separate inventory section as property that can be added to the estate if needed to pay claims.

Key Requirements

• List probate assets: Include property the decedent owned that the estate controls (for vehicles, provide make, model, VIN/title details, and date‑of‑death value).
• Exclude debts from inventory: Do not list unpaid medical bills on the inventory; handle them as claims and show payment later on the account.
• Non‑probate assets: Do not inventory retirement accounts with named beneficiaries or assets that pass by survivorship, unless a statute allows recovery to pay claims—then note them in the “can be added” section.
• Real property treatment: Solely owned or tenant‑in‑common real estate is typically listed in the section for property that can be added to pay claims; describe it, but it is not a standard liquid estate asset unless the will or court grants control.
• Deadline and forum: File the inventory with the Clerk of Superior Court in the county of domicile within three months of qualification, using AOC‑E‑505.

What the Statutes Say

• N.C. Gen. Stat. § 28A-20-1 (Inventory due in 3 months; contents) – Requires a timely, accurate inventory of the decedent’s property.
• N.C. Gen. Stat. § 28A-20-2 (Failure to file inventory) – Authorizes orders to compel, removal, or contempt for noncompliance.
• N.C. Gen. Stat. § 28A-15-1 (Estate assets for debts/claims) – Makes personal property assets available to pay claims.
• N.C. Gen. Stat. § 28A-15-10 (Property that can be added to pay claims) – Allows recovery of certain survivorship securities and similar assets to pay estate claims if needed.

Analysis

Apply the Rule to the Facts: Because your husband owned several vehicles outright, list each on the inventory with make/model, VIN or title details, and a fair market value as of the date of death. Do not list his outstanding medical bills on the inventory; instead, treat them as creditor claims and later show payments on your annual or final account. If there is a retirement account that names a beneficiary, do not include it; if it pays to the estate, include it. Joint stocks/bonds with a right of survivorship are not probate assets, but note them in the “can be added to pay claims” section. For any half interest in real property he owned (as tenant in common), describe it in the section for property available to pay claims; if title was never in his name, confirm he actually owned an interest before listing.

Process & Timing

1. Who files: The executor. Where: Clerk of Superior Court in the North Carolina county where the decedent was domiciled. What: Inventory for Decedent’s Estate (AOC‑E‑505). When: Within 3 months of your qualification (letters testamentary).
2. Publish and mail notice to creditors, gather claims, and pay valid claims from estate assets in the statutory order. Keep receipts for all disbursements; timing varies by county and claims volume.
3. File the Annual or Final Account (AOC‑E‑506) showing receipts and disbursements; if you discover new assets or need to correct values, file a supplemental inventory or report the change on the account as your clerk permits.

Exceptions & Pitfalls

• Do not list debts (like medical bills) on the inventory; track and pay them through the claims process and show payments on your account.
• Retirement accounts and life insurance with named beneficiaries are generally excluded; include only if payable to the estate.
• Joint securities with survivorship pass to the survivor but may be listed in the “can be added” section if the estate may need them to pay claims; confirm the account agreement.
• Vehicles: include full descriptions and date‑of‑death values; keep title and valuation documentation.
• Real property: verify actual ownership; if the decedent held a tenant‑in‑common interest, describe it in the inventory; if title was never in his name, confirm whether he truly owned an interest before listing.
• Missed inventory deadline: the clerk can order you to file, and continued noncompliance can lead to removal or contempt—request an extension if needed.

Talk to a Probate Attorney

If you’re handling a North Carolina estate and need to decide what belongs on the 90‑day inventory versus the accounts, our firm has experienced attorneys who can help you understand your options and timelines. 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.