Short Answer

Yes—North Carolina requires you to file a preliminary inventory with your application and a 90‑day inventory after you qualify, even if the decedent owned no property. If the estate is being opened only to pursue a wrongful death claim, you will indicate that claim on the application and file an inventory showing no probate assets. Wrongful death proceeds are not estate assets, are accounted for separately, and are distributed to statutory beneficiaries.

Understanding the Problem

You’re asking whether, in North Carolina, the person applying to be administrator must list “all assets” when the decedent rented and had no vehicles or titled property, and the estate is being opened only to pursue a wrongful death claim. You want to know what must be disclosed to the Clerk of Superior Court, and what happens when there are no probate assets to list.

Apply the Law

In North Carolina, the personal representative (PR) files an application with a preliminary inventory and, after qualifying, a formal inventory within three months. When the sole purpose is a wrongful death claim, you still identify the claim on the application, but you do not list wrongful death proceeds as estate assets. The Clerk of Superior Court in the county of the decedent’s domicile oversees the filing. The 90‑day inventory deadline runs from the date you qualify.

Key Requirements

• Inventory is required even for no‑asset estates: File within three months of qualification; list what has come into the PR’s hands as probate assets. If none, state “none.”
• Identify the wrongful death claim on the application: The application asks about potential wrongful death; note it there. It is not valued as an estate asset on the inventory.
• Wrongful death proceeds are not estate property: They are distributed to beneficiaries under the wrongful death statute and are not available to general creditors, with limited statutory expenses allowed.
• Separate accounting for wrongful death funds: If funds are recovered, the PR files a separate wrongful death accounting and must not commingle those funds with estate assets.
• Bond and notice considerations: When appointed solely to pursue wrongful death, bond can be deferred until property is received, and if the only “asset” is the wrongful death claim, publication of notice to creditors is not required.

What the Statutes Say

• N.C. Gen. Stat. § 28A-20-1 (Inventory due in 3 months) – PR must file an inventory of estate property within three months after qualification.
• N.C. Gen. Stat. § 28A-18-2 (Wrongful death) – PR brings the claim; proceeds are not estate assets and are distributed by statute after limited expenses.
• N.C. Gen. Stat. § 28A-14-1 (Notice to creditors) – Notice is not required if the only asset consists of a wrongful death claim.
• N.C. Gen. Stat. § 28A-8-1 (Bond) – If appointed solely for wrongful death, bond is not required until the PR receives property.

Analysis

Apply the Rule to the Facts: Because the decedent rented and had no vehicles or titled assets, your preliminary application and 90‑day inventory will state that there are no probate assets. You will still note the potential wrongful death claim on the application. If you recover wrongful death funds later, you will not amend the inventory to add them; instead, you will file a separate accounting and distribute according to statute. The co‑heir’s renunciation or lack of contact affects who serves as PR, not what is listed as assets.

Process & Timing

1. Who files: The applicant for administrator (often a parent/heir). Where: Clerk of Superior Court in the county where the decedent last resided in North Carolina. What: Application for Letters of Administration (AOC‑E‑202) with death certificate, last address, and known heir contact info; indicate the wrongful death claim on the application’s preliminary inventory. When: After letters issue, the 90‑day inventory (AOC‑E‑505) is due within three months of qualification.
2. Next: Clerk issues Letters of Administration, often limited to pursuing wrongful death when there are no estate assets. Bond is typically deferred until property is received; counties may vary in how they note these limits.
3. Final: If wrongful death funds are recovered, obtain any required court approval of settlement, file a separate wrongful death accounting, pay allowed expenses, and distribute the balance to the statutory beneficiaries. Then file a final account to close the estate.

Exceptions & Pitfalls

• Do not list wrongful death proceeds as estate assets; they require a separate accounting and must not be commingled with estate funds.
• If any survival claim exists (separate from wrongful death), its recovery can be an estate asset and may belong on the inventory; rules differ from wrongful death.
• When only a wrongful death claim exists, publication of notice to creditors is generally not required; publishing anyway can create unnecessary delay and cost.
• Address absent co‑heirs early. If an heir with equal priority to serve cannot be reached, seek their renunciation or ask the clerk to appoint a suitable administrator.
• Before receiving any wrongful death funds, confirm with the clerk whether a bond is required or must be increased.

Talk to a Probate Attorney

If you’re dealing with a no‑asset estate opened solely to pursue a wrongful death claim, 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.