Probate Q&A Series

Do I need to sign the inventory sheet that lists real property not part of the estate? – North Carolina

Short Answer

Yes. In North Carolina, the personal representative must sign and swear to the entire estate inventory before a notary, and that signature covers all pages and attachments. Real property that is not being administered (for example, land that passes directly to heirs) may still be listed for information or because it can be used to pay claims; your single notarized signature verifies the whole filing.

Understanding the Problem

You are serving as personal representative in North Carolina and reviewing the estate’s inventory. The form includes a second page that lists certain real property as excluded from probate, and you have been asked to sign before notarization. You want to know whether you must sign that page and what your signature legally covers.

Apply the Law

North Carolina requires a personal representative to file a verified inventory within three months of qualification. The inventory is sworn under oath before a notary. The form groups assets into categories, including property the estate owns outright and real property that can be used to pay claims even if it normally passes directly to heirs. One notarized oath and signature by the personal representative verifies the entire inventory submission, including any page that lists non‑probate real property.

Key Requirements

  • Verified inventory: The personal representative must file an inventory, verified by oath, within three months of qualifying.
  • One oath covers all pages: Your notarized signature verifies the complete inventory package (all pages and attachments) filed with the Clerk of Superior Court.
  • Correct classification: List probate assets as property of the estate and list real property that can be reached to pay claims in the appropriate section; entireties property and similar items are not included as probate assets.
  • Date‑of‑death values: Use fair market values as of the date of death; if an appraisal is pending, note the value as undetermined and supplement later.
  • Supplement if things change: File a supplemental inventory if you discover additional property or need to correct descriptions or values.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because you are the personal representative, you must file and swear to the inventory within three months of qualifying. The oath and signature you provide before the notary verify the entire inventory, including the page listing real property treated as outside probate. That page is included to properly classify assets and show real property that can be reached to pay claims if needed; your single notarized signature covers all pages, so you do not need a separate signature for that page.

Process & Timing

  1. Who files: Personal representative. Where: Clerk of Superior Court in the North Carolina county where the estate is administered. What: Inventory for Decedent’s Estate (AOC‑E‑505), completed and signed under oath before a notary. When: Within three months of qualification (90 days is the common shorthand).
  2. If values are pending (for example, you are getting an appraisal on farm equipment), file on time and mark those items “undetermined,” then submit a supplemental inventory once values are finalized.
  3. If real property is later sold and proceeds come into the estate, expect additional fees based on proceeds received and reflect those funds on subsequent accounts.

Exceptions & Pitfalls

  • Do not omit solely owned real property or a tenant‑in‑common interest; classify it as property that can be added to the estate to pay claims if needed.
  • Do not include entireties real estate or other true non‑probate property as probate assets; list only where the form asks for informational or claim‑available property.
  • Counties may ask you to complete an additional page for non‑probate real property; your single notarized signature on the inventory covers that page unless the clerk specifically instructs otherwise.
  • If you miss the inventory deadline, the clerk can order you to file and may impose consequences for continued non‑compliance; ask for a short extension in advance if needed.
  • When you sell estate personal property (like farm equipment), report the proceeds in your accountings; keep receipts and date‑of‑death values for accurate reporting.

Conclusion

In North Carolina, you must file a sworn inventory within three months of qualifying as personal representative, and your notarized signature verifies the entire submission, including any page listing non‑probate real property. Classify assets correctly, use date‑of‑death values, and file a supplemental inventory if values change. Next step: complete AOC‑E‑505, sign before a notary, and file it with the Clerk of Superior Court by the three‑month deadline.

Talk to a Probate Attorney

If you’re handling an estate inventory and aren’t sure how to classify or verify pages that list non‑probate real property, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.