Short Answer

In North Carolina, you confirm the deposit by collecting and reconciling the closing documents with proof from the closing attorney’s trust account. Get the signed settlement (closing) statement, the trust account ledger for your file, and a bank statement or wire confirmation showing the exact deposit. Then record the receipt on your estate accounting (AOC‑E‑506) and keep these items as vouchers the Clerk of Superior Court can audit.

Understanding the Problem

You are the personal representative in North Carolina and need to verify that the net proceeds from the estate’s home sale were actually deposited into the closing attorney’s state‑regulated trust account, so you can properly report and support that receipt on your annual or final account with the Clerk of Superior Court. One key fact: the sale has closed and the proceeds are currently held in a regulated trust account.

Apply the Law

North Carolina requires personal representatives to safeguard estate assets and to file accountings that list every receipt and disbursement with supporting proof. For real estate sales, the Clerk audits your annual/final account to ensure proceeds are fully accounted for. No special “voucher” form is required, but you must provide reliable proof: the signed closing statement, the trust account ledger entry identifying your matter, and bank evidence (such as a trust account statement or wire confirmation) of the deposit. Your accounting uses AOC‑E‑506 and must be timely. The Estates Division of the county Clerk of Superior Court is the forum that reviews these filings.

Key Requirements

• Document the receipt: Obtain the executed settlement/closing statement plus the closing attorney’s trust ledger entry and a bank statement or wire receipt confirming the deposit amount and date.
• Show it on AOC‑E‑506: List the deposit as a receipt with date, payor/description (e.g., “Net sale proceeds – 123 Main St.”), and amount; keep the documents as vouchers.
• Provide vouchers for payments: When proceeds move from trust to the estate bank account or to pay estate expenses, keep the trust check, deposit slip, or bank statement and any itemized invoices/receipts.
• Account deadlines: File an annual account if the estate remains open beyond one year and a final account when ready, following the statutory timelines below.
• Escrows/holdbacks: If any proceeds are held in escrow (repairs, taxes, HOA), keep the written escrow agreement and later disbursement proof.
• Consistency with inventory and notice: Ensure the sale and proceeds track your inventory and that timing respects the creditor claim period before distributing funds.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-21-1 (Annual accounts) – Annual accounts are required while assets remain; vouchers or verified proof must support payments.
• North Carolina Gen. Stat. § 28A-21-2 (Final accounts) – Sets when the final account is due and authorizes clerk review and approval.
• North Carolina Gen. Stat. § 28A-21-3 (Contents of accounts) – Requires listing receipts, disbursements, gains/losses, and property on hand.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Governs creditor notice and the claim presentation window that affects timing of distributions.

Analysis

Apply the Rule to the Facts: Because the home has closed and proceeds sit in a regulated trust account, ask the closing attorney for the signed settlement statement, your matter’s trust ledger card, and a trust bank statement or wire confirmation showing the deposit. Record that deposit as a receipt on AOC‑E‑506 and keep these as vouchers. When the trust later cuts a check or wires funds to your estate account, keep the trust check/wire detail and your estate bank statement to prove the transfer.

Process & Timing

1. Who files: Personal representative. Where: Clerk of Superior Court (Estates Division) in the county of qualification in North Carolina. What: ACCOUNT (AOC‑E‑506) with attachments (closing/settlement statement, trust ledger entry, trust bank statement/wire confirmation; later, estate bank statement and receipts). Include AFFIDAVIT OF NOTICE TO CREDITORS (AOC‑E‑307) in the file when applicable. When: Annual account is due by the 15th day of the fourth month after the estate’s selected fiscal year end; the final account is due on the statutory timetable if earlier conditions are met.
2. After filing, the Clerk audits the account. If anything is missing (e.g., bank statements showing balances or clear vouchers), the Clerk may issue a notice requesting additional proof before approval. Timing varies by county caseload.
3. For the final account, include receipts signed by beneficiaries for distributions and current statements showing remaining cash. Upon approval, the Clerk enters orders to close the estate and discharge you from further liability.

Exceptions & Pitfalls

• Do not distribute proceeds before confirming creditor notice is given and the claims window has run if proceeds may be needed to pay debts.
• Always retain written escrow agreements for any holdbacks and later attach proof of each escrow disbursement.
• Avoid commingling: keep trust funds, estate bank funds, and beneficiary funds distinct, and support each transfer with bank records.
• Missing vouchers delay approval. If you cannot obtain a standard voucher, be prepared to provide verified proof acceptable to the Clerk.
• If you suspect trust funds were misapplied, promptly demand a detailed trust accounting; the Clerk can examine parties under oath and issue enforceable orders.

Talk to a Probate Attorney

If you’re dealing with confirming and documenting estate home-sale proceeds held in a trust account, 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.