Detailed Answer

When someone suspects that funds have gone missing or have been misused in settling an estate in North Carolina, the first step involves understanding the distinct roles of probate attorneys and litigation lawyers. A probate attorney guides executors or administrators through estate administration under Chapter 28A of the North Carolina General Statutes. They handle tasks such as filing the will, preparing the inventory, securing assets, and distributing property according to probate law. If the personal representative misses payments, fails to account for assets, or disposes of property without approval, beneficiaries can challenge these actions in the Clerk of Superior Court.

North Carolina law allows interested parties to request an accounting of the estate’s assets. Under N.C. Gen. Stat. § 28A-18-2, a beneficiary may petition for a formal accounting. If the accounting reveals misappropriated funds, the court can order a surcharge against the personal representative. A surcharge proceeding compels the fiduciary to repay any losses to the estate.

However, when disputes turn contentious—if the personal representative contests the allegations, if third parties are involved, or if the case requires complex discovery—litigation skills become critical. A litigation lawyer brings courtroom experience in Civil Superior Court, handling motions, conducting depositions, and arguing contested matters. They manage claims such as breach of fiduciary duty, conversion, or unjust enrichment. Statutes of limitation apply, so acting promptly matters: for conversion claims, N.C. Gen. Stat. § 1-52(9) generally allows three years from the date the cause of action accrues.

In many estate disputes over missing funds, a combined approach works best. A probate attorney with litigation training can handle both the estate administration and any resulting court battles. That professional coordinates the probate filings, enforces accounting rights, and pursues or defends contested hearings. If the case escalates into full-blown litigation—complete with trial preparation and hearings—an attorney accustomed to courtroom procedure keeps the estate on track.

At Pierce Law Group, our attorneys routinely assist families by:

• Reviewing estate records and trustees’ accounts
• Filing petitions for formal accountings under § 28A-18-2
• Pursuing surcharge actions or removal of a fiduciary under § 28A-13-1
• Handling discovery, motions, and trial preparation in Superior Court
• Working to recover misappropriated funds through breach-of-fiduciary-duty and conversion claims

Key Points to Guide Your Decision

• Expertise in Probate Law: A probate attorney knows the procedural steps and deadlines under North Carolina statutes.
• Litigation Experience: Complex disputes require courtroom advocacy, witness preparation, and motion practice.
• Statutory Remedies: Formal accountings (§ 28A-18-2) and surcharge proceedings (§ 28A-18-3) protect beneficiaries.
• Time Limits: Conversion and breach-of-fiduciary claims generally face a three-year statute of limitations (N.C. Gen. Stat. § 1-52(9)).
• Hybrid Approach: Many attorneys handle both the estate administration and any resulting litigation.
• Early Action: The sooner you engage counsel, the better you preserve evidence and meet court deadlines.

Contact Pierce Law Group

Estate disputes involving misappropriated funds demand both thorough probate knowledge and skilled courtroom advocacy. At Pierce Law Group, our attorneys guide North Carolina families through formal accountings, surcharge actions, fiduciary challenges, and any necessary litigation. Protect your rights, preserve estate assets, and seek full restitution. Contact us today by email at intake@piercelaw.com or by phone at (919) 341-7055.