How can I confirm whether a motion to keep an estate open was properly filed and recorded? – North Carolina

Short Answer

In North Carolina, the Clerk of Superior Court must approve an estate remaining open beyond one year and enter a written order. To confirm a motion and order were properly filed and recorded, request a certified docket sheet and certified copies from the estate file. If the order is missing, ask the clerk to locate, re-file, or enter an order (potentially nunc pro tunc) confirming the prior approval.

Understanding the Problem

In North Carolina probate, can a personal representative verify with the Clerk of Superior Court that a motion to keep an estate open was filed and that an order was entered? Here, the clerk granted an extension for the final account, but the signed order keeping the estate open cannot be found in the file.

Apply the Law

North Carolina requires the clerk’s approval for an estate to remain open more than one year. If an estate stays open, the personal representative must file an annual account; the clerk audits, approves, and records it. Orders in estate proceedings must be written and entered by the clerk. A party aggrieved by a clerk’s order generally has a short appeal window from service of the order. The Estates Division of the Clerk of Superior Court is the forum for confirming filings and obtaining certified copies. Acceptance of an annual account can extend the deadline for the final account.

Key Requirements

• Clerk approval to remain open: If the estate will stay open beyond one year, the clerk’s approval is required and should appear as a written order in the file.
• Annual account if open: When an estate remains open, an annual account must be filed; clerk approval is endorsed and recorded, and that approval is prima facie evidence of correctness.
• Written orders: In estate proceedings, the clerk must enter a written order or judgment with findings and conclusions; you can request certified copies.
• Deadlines: Annual accounts are due after the one-year mark (or by the fiscal-year schedule if elected), and appeals from clerk orders are typically due shortly after service.
• Record verification: Confirmation comes from the estate docket and file-stamped or certified copies; if missing, seek a corrective or clarifying order from the clerk.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-21-1 (Annual accounts) – Annual accounts required; clerk audits, approves, and records.
• North Carolina Gen. Stat. § 28A-21-2 (Final account; timing) – Sets the final account deadline and the clerk’s authority regarding estates remaining open beyond one year.
• North Carolina Gen. Stat. § 1-301.3 (Appeals from clerk) – Clerk must enter a written order; appeal procedures and timing.
• North Carolina Gen. Stat. § 7A-109 (Clerk recordkeeping) – Clerk maintains records, files, dockets, and indexes.

Analysis

Apply the Rule to the Facts: You filed two motions; the extension order is in the file, but the “keep open” order is not. Because the clerk must approve estates that remain open and enter a written order, the absence of a file-stamped order suggests it was not entered or is misfiled. The clerk’s approval of the annual account indicates the estate was being administered as open and extends the final account timeline, but you still need a written order in the file for clarity and future auditing.

Process & Timing

1. Who files: Personal representative or attorney of record. Where: Estates Division, Clerk of Superior Court in the county of administration. What: Written request for a certified docket sheet and certified copies; if the order is missing, a petition/motion asking the clerk to locate, re-file, or enter an order confirming the estate remains open (nunc pro tunc if appropriate). When: As soon as you discover the gap in the file.
2. Ask the clerk to audit the estate file: confirm the “E” case number, review the docket/index, review scanned and paper volumes, and check order books. Many counties can provide a certified docket printout within days; timing varies by county workload.
3. If no order exists, the clerk may set a brief hearing and then enter a written order keeping the estate open. Obtain certified copies of the order and place one with your records.

Exceptions & Pitfalls

• If the “keep open” request was contested, ensure proper service; missing service can delay or invalidate relief.
• Do not rely on cover letters or informal emails as proof—request file-stamped or certified copies and a certified docket sheet.
• Supporting vouchers for accountings are not always kept in the public file; keep your own complete set and be ready to re-provide if the clerk requests them.
• Acceptance of an annual account supports continued administration but is not a substitute for a written order to keep the estate open.

Talk to a Probate Attorney

If you’re dealing with a missing order or need to confirm what is in the estate file, 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.