Dec212025
Probate Q&A Series

Can I require the executor to file the will for probate and provide a full inventory and accounting? – North Carolina

Short Answer

Yes. In North Carolina, the Clerk of Superior Court oversees estate administration and can require an executor (personal representative) to file required probate paperwork, including an inventory and accountings. If an executor misses required filings, an interested person can ask the Clerk to issue an order compelling a filing within a set time and, in some situations, the Clerk can remove the executor or use contempt procedures to enforce compliance.

Understanding the Problem

In North Carolina probate, the core issue is whether a beneficiary or other interested person can make an executor take the formal steps that start and document estate administration. That usually means: can the executor be made to submit the will to the Clerk of Superior Court for probate, qualify to serve, and then provide the court-required inventory and later accountings that show what the estate owned, what bills were paid, and what distributions were made. Timing matters because the law sets deadlines after the executor “qualifies” with the Clerk.

Apply the Law

North Carolina treats an executor as a court-supervised fiduciary called a “personal representative.” The Clerk of Superior Court (Estates Division) is the main forum that opens the estate, issues the executor’s authority to act (letters), and monitors required filings. Once the executor qualifies, North Carolina law generally requires an inventory within three months and then periodic accountings (often annual) until a final accounting closes the estate. If an inventory or accounting is not filed on time, the Clerk (and, in certain situations, an interested person) can request or initiate a “compel” process that orders the executor to file and can lead to removal or contempt if the executor still does not comply.

Key Requirements

  • Interested person standing: The request typically must come from an “interested person,” such as a beneficiary named in the will, a creditor, or someone with a direct financial stake in the estate administration.
  • A required filing is overdue or incomplete: The Clerk’s enforcement tools most often apply when the executor fails to file a required inventory or required accounting, or files one that is incomplete.
  • Proper motion/request to the Clerk: The interested person usually asks the Clerk of Superior Court (the estates file) to issue an order compelling the executor to file within a short deadline. Noncompliance can trigger a hearing and stronger remedies.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a parent’s will naming a sibling as executor and the client as successor executor, with the estate to be split between the two siblings. Because the client is a named beneficiary and a named successor executor, the client typically qualifies as an interested person for purposes of requesting court oversight. If the sibling has not filed the will for probate and has not qualified, there may be no open estate file yet; if the sibling has qualified, then the three-month inventory deadline and later accounting obligations generally apply, and the Clerk can compel late filings.

Process & Timing

  1. Who files: An interested person (often a beneficiary) requests enforcement; the personal representative files the inventory/accounting. Where: Clerk of Superior Court (Estates Division) in the North Carolina county where the estate is administered (commonly where the decedent was domiciled). What: Inventory and accounting filings are made on North Carolina AOC estate forms (commonly the inventory form used for the “90-day inventory” and the standard account forms), plus supporting documentation required by the Clerk. When: The inventory is generally due within three months after qualification; annual and final accountings follow based on the estate’s accounting period and closure.
  2. Compel sequence (typical): When a required inventory/account is late, the Clerk often starts with a written notice to file, then issues an order to file with a shorter deadline, and can then schedule a show-cause hearing if the executor still does not comply. Specific steps and timing can vary by county and by the Clerk’s local practice.
  3. Possible outcomes: If the executor complies, the inventory/accounting is filed and the estate continues under supervision. If the executor still refuses, the Clerk can escalate enforcement, including removal in appropriate cases and civil contempt procedures aimed at forcing a filing. If removed, the executor may still have to account and turn over estate property to a successor personal representative.

Exceptions & Pitfalls

  • Probate vs. non-probate property: A probate inventory and accounting generally cover assets controlled by the estate (and certain related information the Clerk requires). Assets that pass outside probate (for example, some beneficiary-designated accounts) may not be administered through the estate even if the will mentions them, which can create confusion about what should appear on an inventory or accounting.
  • No qualification yet: If the executor has not qualified, the “three months after qualification” inventory clock has not started. The practical first step may be opening the estate with the Clerk so the court has an estate file to supervise.
  • Informal demands do not always work: Requests made only within the family may not create enforceable deadlines. A written request to the Clerk in the estate file (or a formal motion in the appropriate proceeding) is often what triggers the court’s compel tools.
  • Incomplete records and missing vouchers: Accountings typically require support for disbursements (such as canceled checks or receipts). If the executor does not keep records from the start, compliance becomes harder and disputes increase.
  • Local practice differences: Clerks vary in how they schedule compliance dates, hearings, and what documentation they require with accountings. Checking the county’s estates procedures early can prevent delays.

Conclusion

In North Carolina, the Clerk of Superior Court supervises estates and can require an executor to complete required probate filings, including an inventory and later accountings. The inventory is generally due within three months after the executor qualifies, and late or incomplete filings can be enforced through an order compelling compliance and, in some cases, removal or contempt procedures. The most direct next step is to file a request or motion with the Clerk of Superior Court in the estate file asking for an order compelling the overdue inventory and accounting.

Talk to a Probate Attorney

If an executor is not moving the estate forward or is not providing a clear inventory and accounting, an experienced probate attorney can help explain the Clerk of Superior Court process, what filings are required, and how to ask the court to compel compliance. 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.