Jan12026
Probate Q&A Series

How can I find out what type of account or trust my inheritance was held in while I was a minor? – North Carolina

Short Answer

In North Carolina, the fastest way to identify how a minor’s inheritance was held is to pull the estate file from the Clerk of Superior Court and look for documents showing how the personal representative distributed the minor’s share (for example, to the clerk, to a UTMA custodian, or to a parent/guardian with clerk approval). If the inheritance was held under the North Carolina Uniform Transfers to Minors Act (UTMA), certain family members (and the minor once age 14) can ask the court to order the custodian to provide an accounting. If the funds were handled through a guardianship of the estate or held by the clerk, there is usually a court record showing how the money was received, invested, and disbursed.

Understanding the Problem

In North Carolina probate, the key question is often: can a now-adult child identify whether an inheritance received as a minor was placed into a court-supervised arrangement (such as funds held by the Clerk of Superior Court or a guardianship of the estate) or into a less formal arrangement (such as a custodial account for a minor), when a surviving parent or guardian controlled the money. The answer usually turns on what the estate documents show about the distribution method and whether a custodian or guardian was appointed to hold the property for the minor. Timing often matters because different arrangements have different recordkeeping duties and different ways to demand information.

Apply the Law

North Carolina law allows several common pathways for handling money owed to a minor from an estate. The estate’s personal representative typically distributes the minor’s share in a way permitted by statute and approved (when required) by the Clerk of Superior Court. Depending on the method used, the records may be in the probate estate file, a separate guardianship file, or a clerk-managed funds file. If the funds were transferred under the North Carolina Uniform Transfers to Minors Act (UTMA), the law also provides a court process to request an accounting from the custodian.

Key Requirements

  • Identify the distribution pathway: Determine whether the minor’s share was (1) distributed to a parent/guardian with clerk approval (typically only for smaller amounts), (2) transferred to a UTMA custodian, (3) delivered to the Clerk of Superior Court to hold/manage, or (4) placed under a guardianship of the estate.
  • Match the pathway to the record location: Probate estate files usually show how the personal representative distributed the minor’s share; guardianship files show inventories, accountings, and court-approved disbursements; UTMA issues often require contacting the custodian and, if needed, filing in court for an accounting.
  • Use the correct court procedure to obtain information: If a UTMA custodial account was used, North Carolina law allows certain people (including a minor age 14 or older, and certain family members) to petition the court for an accounting by the custodian.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, a parent died while the children were minors, money was left to the children, and the surviving parent/guardian controlled the funds for years. Under North Carolina practice, the first step is to confirm how the estate distributed the children’s shares: if the personal representative distributed the money into a court-supervised channel (clerk-held funds or a guardianship of the estate), there should be a court file showing receipts, investments, and disbursements. If the estate used a UTMA custodial account, the custodian should have records, and North Carolina law provides a court process to demand an accounting from that custodian.

Process & Timing

  1. Who requests records: The now-adult beneficiary (or, if still a minor, a qualifying family member or legal representative). Where: The Clerk of Superior Court (Estates Division) in the county where the deceased parent’s estate was administered. What: Request the estate file and review the inventory and final accounting/receipts (often labeled as an “accounting,” “final account,” “receipts,” or similar filings) to see how the minor’s share was distributed. When: As soon as possible, because older files can be harder to locate and financial institutions may not keep records indefinitely.
  2. Check for a separate minor-funds file: If the estate delivered the minor’s share to the clerk to manage, there may be a separate clerk-managed funds record tied to the minor’s name. If a guardianship of the estate was opened, there should be a separate guardianship file with inventories and accountings.
  3. If UTMA appears likely, use the UTMA accounting process if needed: If the estate paperwork shows a transfer “to [Name] as custodian for [Minor] under the North Carolina UTMA” (or similar wording), the next step is often a written request for records from the custodian. If the custodian will not provide records, a petition can be filed asking the court to order an accounting under the UTMA statute.

Exceptions & Pitfalls

  • Not every minor inheritance is a “trust”: Many minor inheritances are held in a UTMA custodial account, clerk-managed funds, or a guardianship of the estate rather than a standalone trust agreement. The estate file usually reveals which method was used.
  • Small-distribution pathway may have limited reporting: In some situations, a personal representative can distribute a smaller devise/legacy to a parent/guardian with clerk approval. That pathway may not create ongoing court accountings about how the parent spent the money, even though the estate file may still show that the distribution occurred.
  • Parents have a duty of support: When minor funds are court-supervised (for example, through a guardianship of the estate or clerk-managed funds), disbursements are generally supposed to benefit the minor, and routine parental support expenses are commonly treated differently than extraordinary needs. Spending without required approval can create liability issues, but the first step is still identifying the legal structure and the paper trail.
  • Record location can be fragmented: The probate estate file may show the initial transfer, while later activity may be in a guardianship file, a clerk funds record, or private custodian/bank statements. A complete picture often requires checking more than one place.
  • Do not rely on memory alone: The controlling details are usually in the probate distribution paperwork (who received the money, in what capacity, and under what authority). Without that, it is easy to chase the wrong type of account.

Conclusion

In North Carolina, finding out what type of account or trust held a minor’s inheritance usually starts with the estate file at the Clerk of Superior Court, which should show whether the personal representative distributed the minor’s share to the clerk, to a guardian of the estate, or to a UTMA custodian (or, in limited situations, to a parent/guardian with clerk approval). If the inheritance was held under UTMA and records are not provided, the next step is to file a petition with the court requesting an accounting by the custodian under N.C. Gen. Stat. § 33A-19.

Talk to a Probate Attorney

If you’re dealing with questions about where a minor’s inheritance went and what records should exist, our firm has experienced attorneys who can help identify the correct court file, interpret the distribution paperwork, and explain options for requesting an accounting. 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.