How can I find out what the estate administrator has done or failed to do over the last several years in the probate case? – North Carolina

Short Answer

In North Carolina, the most direct way to see what an estate administrator has done is to review the probate file maintained by the Clerk of Superior Court and look for the required filings, especially the Inventory and any Annual or Final Accounts. If those filings are missing, incomplete, or do not make sense, an “interested person” can ask the Clerk to order the administrator to file a full and satisfactory account within a set time and, in serious cases, consider contempt or removal. A probate attorney can also help compare the file to what should have happened over the life of the estate and identify what records to request next.

Understanding the Problem

In a North Carolina probate estate that has stayed open for years, the key question is: what has the estate administrator (also called the personal representative) actually filed with the Clerk of Superior Court, and what required steps may be missing. The focus is not whether the estate feels “slow,” but whether the administrator has met the reporting and accounting duties that let heirs and other interested persons understand what came into the estate, what was paid out, and what remains. When a relative serves as administrator and the case has been open for a long time, the practical issue is often whether the probate file shows timely inventories, accounts, and supporting documentation for disbursements.

Apply the Law

North Carolina estates are supervised through the Estates Division of the Clerk of Superior Court in the county where the estate is opened. The administrator generally must file an inventory and then file accountings (often annually) that show receipts, disbursements, and what property remains. If an inventory or account is not filed when required, an interested person can ask the Clerk to compel a filing, and the Clerk has tools to enforce compliance, including orders to file within a short deadline and, in some situations, contempt or removal.

Key Requirements

Access to the probate record: The estate file kept by the Clerk of Superior Court is the starting point for verifying what has been filed (and what has not).
Required reporting and accounting: The administrator’s filings should show estate assets, money received, money paid out, and remaining property, typically supported by documentation for disbursements.
A way to compel missing information: If required filings are overdue or inadequate, an interested person can request that the Clerk order a full and satisfactory account within a set time, with possible enforcement consequences for continued noncompliance.

What the Statutes Say

N.C. Gen. Stat. § 1-339.12 (Clerk’s authority to compel report or accounting; contempt) – Authorizes the clerk, on the clerk’s own motion or on motion of an interested party, to order a required report/account to be filed within 20 days and to enforce noncompliance through contempt.

Analysis

Apply the Rule to the Facts: Here, the probate case has been open for several years and there is concern that the administrator (a relative) and the estate’s attorney may have mishandled administration. The first step is to compare what the probate file shows (inventory, annual accounts, final account, and any clerk approvals) against what should typically exist in a long-running estate. If the file shows gaps—such as missing annual accounts, unclear disbursements, or no support for payments—those gaps become the basis for asking the Clerk to require a full and satisfactory accounting and, if needed, further relief.

Process & Timing

Who checks first: An heir, beneficiary, creditor, or other “interested person.” Where: Estates Division of the Clerk of Superior Court in the county where the estate is pending. What: Review the estate file for the Inventory and any Annual/Final Accounts and related clerk orders/approvals. When: As soon as concerns arise, especially if the case has been open for years without clear reporting.
If filings are missing or unclear: Request that the Clerk require the administrator to file a complete accounting and supporting information required by the clerk’s office. If the administrator still does not comply, the Clerk can set a hearing and consider enforcement steps.
If the information suggests bigger problems: Consider targeted follow-up steps, which may include asking the Clerk for relief related to compliance and administration, and evaluating whether a petition to remove/replace the administrator is appropriate. (For more on that topic, see remove or replace an estate administrator.)

Exceptions & Pitfalls

Assuming the probate file contains every detail: Some supporting documents may be reviewed by the Clerk without becoming part of the public-facing file, and some details may require a focused request for records from the administrator.
Confusing “slow” with “wrong”: Delays can happen for valid reasons (hard-to-sell property, disputes, creditor issues), but missing inventories/accounts or unexplained disbursements are separate red flags.
Waiting too long to act: Even if the estate has been open for years, it is usually easier to reconstruct what happened when bank records, receipts, and communications are still available.
Focusing only on the attorney: The administrator owes the core reporting and accounting duties; concerns about counsel are often addressed indirectly by enforcing the administrator’s duties through the Clerk.

Conclusion

In North Carolina, the practical way to learn what an estate administrator has done over several years is to review the probate file with the Clerk of Superior Court for the Inventory and any Annual or Final Accounts, then identify what is missing or unclear. If required filings are overdue or inadequate, an interested person can ask the Clerk to order a full and satisfactory accounting, typically with a short compliance deadline. The next step is to request a compelled accounting through the Clerk’s Estates Division if the file does not answer where the money and property went.

Talk to a Probate Attorney

If you’re dealing with a long-open North Carolina estate and the administrator’s actions are unclear, 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.